Reapplying for I-458

[athleticzeus1871 0]

I just received letters from the USCIS now denying my kids their I-458 because my ex wife who was their petitioner then revoked the petition from last year and revoked the last one for my 8years old this mar 13th. I have just had an extension to my residence status while waiting for my 10 years. Can I reapply for the 3 of them afresh?

[Just Paul 4,595]

8 minutes ago, athleticzeus1871 said:

I just received letters from the USCIS now denying my kids their I-458 because my ex wife who was their petitioner then revoked the petition from last year and revoked the last one for my 8years old this mar 13th. I have just had an extension to my residence status while waiting for my 10 years. Can I reapply for the 3 of them afresh?

Since you are an LPR you can file new I-485s for the kids with you supplying the I-864.  Were the kids K2 follow to join?

[athleticzeus1871 0]

1 hour ago, Paul & Mary said:

Since you are an LPR you can file new I-485s for the kids with you supplying the I-864.  Were the kids K2 follow to join?

Thank you for this reply it means alot. I dont understand the last bit though "were the kids K2 follow to join"

 

[Just Paul 4,595]

Just now, athleticzeus1871 said:

Thank you for this reply it means alot. I dont understand the last bit though "were the kids K2 follow to join"

 

What visa did the kids come on? I-485 are usually only if you were a K1 or adjusted by marriage in the US from another visa. Usually the I-485s for a family are all filed together.

[athleticzeus1871 0]

1 hour ago, Paul & Mary said:

What visa did the kids come on? I-485 are usually only if you were a K1 or adjusted by marriage in the US from another visa. Usually the I-485s for a family are all filed together.

The kids came on a regular B1 Visa then we did the I-130 and 1-485 together 

[Ontarkie 14,320]

~~Moved to Bringing Family of PR, from Off Topics- the OP is a permanent resident.~~

[SusieQQQ 11,587]

2 hours ago, athleticzeus1871 said:

The kids came on a regular B1 Visa then we did the I-130 and 1-485 together 

Have they been out of status at any point? What is their current status? As children of an LPR, they can not adjust status if they are or have been out of status during their stay.

[athleticzeus1871 0]

3 hours ago, SusieQQQ said:

Have they been out of status at any point? What is their current status? As children of an LPR, they can not adjust status if they are or have been out of status during their stay.

They just got their status revoked after my ex withdrew their petition and I got the mail today and the USCIS sent out the mail on the 13th and 17th of March after 2years of the applications.

[SusieQQQ 11,587]

58 minutes ago, athleticzeus1871 said:

They just got their status revoked after my ex withdrew their petition and I got the mail today and the USCIS sent out the mail on the 13th and 17th of March after 2years of the applications.

Then unfortunately they are not eligible for adjustment of status. They will have to return home and await consular processing. This is one of the pitfalls of trying to adjust from a B visa, you will inevitably go out of status with any kind of problem in the process. It wouldn’t have been a problem if the USC had remained the petitioner but it is a problem now that you are.

[geowrian 22,337]

Exactly as above.

 

Yes, you can petition for them. One I-130 for each. The sooner you start, the sooner they will become eligible.

Since they are under 18, they are not accruing unlawful presence. So they won't get any ban upon exit of the US due to overstay. They can complete consular processing abroad and get immigrant visas under F2A.

ETA: ~18-24 months last I checked for F2A. I saw it was actually quicker recently, but with the whole COVID-19 thing causing shutdowns and such, I can only anticipate it will be at least that long again.

[Sami58 17]

22 hours ago, athleticzeus1871 said:

I just received letters from the USCIS now denying my kids their I-458 because my ex wife who was their petitioner then revoked the petition from last year and revoked the last one for my 8years old this mar 13th. I have just had an extension to my residence status while waiting for my 10 years. Can I reapply for the 3 of them afresh?

Unfortunately you cannot petition for them to adjust status. They will have to leave the US. I’m so sorry that you are in this position. May God be with you!