I am a green card holder, my minor kids on B2 visa

[kievdema 0]

Hi all, please help. I am a green holder, my minor kids( 10,13,16-child with special needs) entered the US with me in May of 2012, but on tourist visa B2. I was really confused what my next step to get their permanent status. I submitted I-130 for them, however their I94 has expired already. What should I do to avoid problems when their petition get approved? Please help. I heard about Dream Act and also about I-539 extend visa status. Please help

[NigeriaorBust 4,087]

as a green card holder even when your petition is approved your children would have to wait for a visa number to be available. There is no way for them to adjust status because you are not a USC. Your children have serious overstays which will turn into bans when they reach 18. Things like the dream act are not for new children but for ones that already have been here for many years. Your children really need to return to their home country,

[Darnell 8,479]

kievdema - on what basis do you hold a green card?

Edited June 5, 2013 by Darnell

[kievdema 0]

Hello, please help me to figure out what to do. I am a green card holder, moved to the US last year , my minor kids (10,12,15- kid with special needs) moved with me also, however they got to the US on B2 visa. I submitted I130 for them, but their I-94 has expired. What should I do to avoid problems for my kids when their I130 gets approved. Should I do anything right now. Please help.

Thank you

[mbarima 5]

No, problem with expired I 94. just make sure the I 94 is not missing dat is most important

[belinda63 3,047]

There is a wait for visas for the children of LPRs and they cannot adjust status from within the US if they are currently not "in status". In other words even when the I-130 is approved, they cannot file for AOS because they are here on an expired visa. Best thing is for them to return home now and wait for the visa.

[aaron2020 11,651]

Can a mod merge this duplicate post?

[Penguin_ie 5,996]

*** two topics merged- please do not post more than once on a question ****

[aaron2020 11,651]

No, problem with expired I 94. just make sure the I 94 is not missing dat is most important

Please explain.

How is this situation not a problem?

OP is not a US citizen.

These children are not the Immediate Relative if a US citizen.

Only overstays by Immediate Relatives of US citizen are forgiven, so how is having just the I-95 going to help them?

[aaron2020 11,651]

Hello, please help me to figure out what to do. I am a green card holder, moved to the US last year , my minor kids (10,12,15- kid with special needs) moved with me also, however they got to the US on B2 visa. I submitted I130 for them, but their I-94 has expired. What should I do to avoid problems for my kids when their I130 gets approved. Should I do anything right now. Please help.

Thank you

You have a very complicated problem.

Essentially, you have turned your kids into illegal immigrants/aliens by illegally immigrating them to the US using tourist visas.

Since you are not a US citizen, your children cannot be out-of-status and adjust in the US. They will need to return to their home county for immigration visa.

Fortunately, days of unlawful presence and ban don't occur until a chil turns 18.

All children become legal adults in their birthday and responsible for themselves and their immigration status. This includes the special needs 16 years old.

If you have a US citizen spouse, then he can file for the kids today. They could get green cards in 6 months.

If you do not have a US citizen spouse, then you have three choices.

1. Send the kids home and let the cases progress regularly. There are no negative consequences since the kids are all under 18.

2. Let the kids maintain their illegal status in the US, and then send them home before their 18th birthday to wait for their visas.

3. Wait until you get US citizen an then apply to adjust the kids under age 21.

Edited June 5, 2013 by aaron2020

[Darnell 8,479]

kievdema - on what basis do you hold a green card?

[jkb11 26]

I'm going to repeat the question of previous posters: on what basis did you get your green card? Also: for how long have you had your green card? Having answers to these questions is crucial.

Based on your answers you could do one of the following (this is what I can think of off the top of my head):

- Wait till you get your citizenship. If your children are still going to be under 18, they would qualify for citizenship as well (someone please verify this). If they are going to be over 18 but under 21, they would qualify for green cards based on being immediate relatives of a U.S. citizen. Then they can adjust status within the U.S. and overstay/illegal employment would be forgiven.

- File to petition for your kids' immigrant visas. When petition is ready to be processed at the embassy (visa number available), leave with the kids to attend the visa interview. Unless any of them are 18 years and 180 old at the time of departure, there is no overstay ban and they would qualify to get their IVs.

Good luck!

Edited June 5, 2013 by jkb11

[Shiobhan 235]

With special needs kids and so young , if you have a USC husband, do not send them home

even as a lpr they could stay until interview date is issued...no one take care of your kids like U

[belinda63 3,047]

Understanding that the children, who are out of status, are subject to deportation.

[Darnell 8,479]

Hi all, please help. I am a green holder, my minor kids( 10,13,16-child with special needs) entered the US with me in May of 2012, but on tourist visa B2. I was really confused what my next step to get their permanent status. I submitted I-130 for them, however their I94 has expired already. What should I do to avoid problems when their petition get approved? Please help. I heard about Dream Act and also about I-539 extend visa status. Please help

Hi ! On what basis do you hold a green card? I ask, because there are paths for stuff, immediately, based on which basis .