EB3 VISA HELP

[Allthephils 536]

Hello all! 

 

I wasn't sure which forum to post this in -- so please move to the correct forum if needed :). 

 

My husband works with other Filipinos here in Indiana (Right across the bridge from our home in Louisville, KY). His co-worker was petitioned by their employer on a EB3 visa. His coworker and family are also Filipino. Their interview was in Oman where they were living at the time. His wife was pregnant during the interview and they were approved. They received their green cards shortly after POE. Their immigration lawyer told them not to worry about their child until they came to the states. Now, they are here in the states and their child has no legal status. I am at a loss trying to figure out what they need to do in order to have legal status for their daughter. Any advice would be super helpful. 

 

Thanks! 

 

 

[Boiler 45,522]

On what basis did the child enter the US?

[Allthephils 536]

6 minutes ago, Boiler said:

On what basis did the child enter the US?

Asking now! It is hard asking questions when the other person isn't right beside ya! 

[Boiler 45,522]

True, why it is so much better for people to ask their own questions.

[jan22 3,056]

If the baby was born after the immigrant visa was issued to the parent(s) -- could be either parent or both -- and before the original entry into the US (i.e., the baby traveled with them when they first used the visa), the baby did not need a visa.  They just needed to have a travel document (passport) and the baby's birth certificate.  He/She would have been admitted in the same status as the parents and should have a stamp in the passport the same as they do.

 

What makes you/them think the baby has no status?  

Edited June 6, 2019 by jan22

[USS_Voyager 1,972]

48 minutes ago, Allthephils said:

hey are here in the states and their child has no legal status

The child has legal status. Otherwise, they wouldn't have let him/her in the US. Did the child travel with a passport (I assume he/she must have) ? Take the passport out and see what CBP stamp it with?

 

[Allthephils 536]

6 minutes ago, jan22 said:

If the baby was born after the immigrant visa was issued to the parent(s) -- could be either parent or both -- and before the original entry into the US (i.e., the baby traveled with them when they first used the visa), the baby did not need a visa.  They just needed to have a travel document (passport) and the baby's birth certificate.  He/She would have been admitted in the same status as the parents and should have a stamp in the passport the same as they do.

 

What makes you/them think the baby has no status?  

 

They are worried because their child never received an actual green card after entering the states. Should she have received one since her parents did? 

 

Sorry--not well-versed in EB3. 

Edited June 6, 2019 by Allthephils

[Boiler 45,522]

If they are really worried then they need to give some basic information or ask their Lawyer.

[Allthephils 536]

Sounds good to me. I hate being the middle-man so I am just going to let them figure it out and be there for moral support :). Mods--you can close this forum!! 

[TBoneTX 45,303]

Thread is closed at OP's request.