Advise Requested

[PlusUltra 8]

My uncle is a USC and would like his children to become USC's as well.

 

They came in the US with an EB5 from their mom and is going to expire soon.

 

Does my uncle need to file a form I130 for them or an I485?

[designguy 1,179]

6 minutes ago, FianceInTraining said:

My uncle is a USC and would like his children to become USC's as well.

 

They came in the US with an EB5 from their mom and is going to expire soon.

 

Does my uncle need to file a form I130 for them or an I485?

How old are the children

[PlusUltra 8]

Just now, designguy said:

How old are the children

15 & 18

[designguy 1,179]

7 minutes ago, FianceInTraining said:

They came in the US with an EB5 from their mom and is going to expire soon.

Can you expain this. They are currently in the US? What are you saying is going to expire?

8 minutes ago, FianceInTraining said:

oes my uncle need to file a form I130 for them or an I485?

These are forms for visas or to apply for permanent residency not naturalization

[PlusUltra 8]

Just now, designguy said:

Can you expain this. They are currently in the US? What are you saying is going to expire?

The mom of the kids and my uncle are not together for some time now. The kids and the mom came in the US with an investor's visa (EB5).

My uncle is already a USC from an I130.

 

My uncle wants to keep the children here. 15 & 18. What application should he file? An I-130 or an I-485?

[designguy 1,179]

2 minutes ago, FianceInTraining said:

What application should he file? An I-130 or an I-485?

If the children entered the US through the EB5 then they became permanent residents once their visas were stamped the first time they entered.

 

Keeping them here seems to be more of a family matter than an immigration matter. If from what I gather the mother left/is planning to leave the US

 

2 minutes ago, FianceInTraining said:

My uncle is already a USC from an I130.

An I130 does not make you a USC

Edited August 6, 2020 by designguy

[PlusUltra 8]

1 minute ago, designguy said:

If the children entered the US through the EB5 then they became permanent residents once their visas were stamped the first time they entered.

 

Keeping them here seems to be more of a family matter than an immigration matter. If from what I gather the mother left/is planning to leave the US

 

An I130 does not make you a USC

EB5 only gives you 3-5 years. Their father wants it longer.

 

The mother wants to go back home and leave the kids with their dad (USC).

 

I understand that an I-130 doesn't make you a USC. He already completed the 5 years required to become a USC and got naturalized recently.

[designguy 1,179]

1 minute ago, FianceInTraining said:

EB5 only gives you 3-5 years. Their father wants it longer

This is incorrect. An EB5 is an immigrant visa. Once you enter the US on the visa, there is no expiration to how long you can stay. Where are you getting that information

[PlusUltra 8]

Just now, designguy said:

This is incorrect. An EB5 is an immigrant visa. Once you enter the US on the visa, there is no expiration to how long you can stay. Where are you getting that information

From my uncle 😪

[designguy 1,179]

1 minute ago, FianceInTraining said:

From my uncle 😪

He is wrong. Also the children may already be US citizens. Check out this to see if the children qualify

 

https://www.uscis.gov/citizenship/learn-about-citizenship/i-am-the-child-of-a-us-citizen

 

Edited August 6, 2020 by designguy

[PlusUltra 8]

3 minutes ago, designguy said:

He is wrong. Also the children may already be US citizens. Check out this to see if the children qualify

 

https://www.uscis.gov/citizenship/learn-about-citizenship/i-am-the-child-of-a-us-citizen

 

So, the 15 year old can already file for a certificate of citizenship? Right?

 

The 18 year old? An I-130?

[aaron2020 11,651]

15 minutes ago, FianceInTraining said:

So, the 15 year old can already file for a certificate of citizenship? Right?

 

The 18 year old? An I-130?

Does the 15 years old green card holder live with her US citizen father?  If he/she is not living with the US citizen father, then she/he is not a US citizen.  If he/she is living with the US citizen father, then he/she is a US citizen.  

 

The 18 years old green card holder must naturalize on her/his own by filing the N-500 after having a green card for 5 years.  

[aaron2020 11,651]

38 minutes ago, FianceInTraining said:

The mom of the kids and my uncle are not together for some time now. The kids and the mom came in the US with an investor's visa (EB5).

My uncle is already a USC from an I130.

 

My uncle wants to keep the children here. 15 & 18. What application should he file? An I-130 or an I-485?

You are really confusing.

An I-130 would not make your uncle a US citizen.   An I-130 is an immigration petition.  It does not confer US citizenship.   Did your uncle apply for naturalization with an N-400?

Edited August 7, 2020 by aaron2020

[aaron2020 11,651]

30 minutes ago, FianceInTraining said:

EB5 only gives you 3-5 years. Their father wants it longer.

 

The mother wants to go back home and leave the kids with their dad (USC).

 

I understand that an I-130 doesn't make you a USC. He already completed the 5 years required to become a USC and got naturalized recently.

Completely incorrect.  

An EB-5 gives a conditional 2 years green card.  If the 10 jobs requirements are met after 2 years, then the person gets a 10 years green card.

[aaron2020 11,651]

If the mom can afford the $500,000 for EB-5 visas, maybe they should spend some money for a competent immigration lawyer to guide them.

The information you have given is full of errors.