GC holder parents applying for their children under 21 y.o.

[forex_dealer]

Is it possible for GC holder parents to file for their children who are under 21 and currently in the US?If yes,how long would this process take for the children to get their statuses adjusted?
thanks in advance.

 

[babepen09]

Applying Green Card for minor children

Is it possible for GC holder parents to file for their children who are under 21 and currently in the US?If yes,how long would this process take for the children to get their statuses adjusted?
thanks in advance.

Permanent residents can file an immigrant (green card) petition on behalf of their spouses and unmarried children. However, permanent residents’ spouses and children are subject to the availability of visa numbers, so they usually have to wait more than 5 to 7 years before they obtain permanent residency status. the Only thing you can do at this point is to apply for the I-130, and just wait until this application is approve, then you can ajust his status. The law is unfair, but is the law and at this point there is nothing we can do that just file the I-130, and wait. good luck.

 

[forex_dealer]

Permanent residents can file an immigrant (green card) petition on behalf of their spouses and unmarried children. However, permanent residents’ spouses and children are subject to the availability of visa numbers, so they usually have to wait more than 5 to 7 years before they obtain permanent residency status. the Only thing you can do at this point is to apply for the I-130, and just wait until this application is approve, then you can ajust his status. The law is unfair, but is the law and at this point there is nothing we can do that just file the I-130, and wait. good luck.

Thanks.
But filing I-130 doesn't give the child who is in the US any status,correct?The child still has to somehow maintain his status otherwise he will just be out of status and can't do anything?

 

[babepen09]

Thanks.
But filing I-130 doesn't give the child who is in the US any status,correct?
you are absolutly correct, it won't protect it, if he is out of status, but at least is something, better than nothing.

The child still has to somehow maintain his status otherwise he will just be out of status and can't do anything?

At this point like I said before, there is nothing you can do, unless you became US citizen and the your child will be considere an inmediate relative and there is not waiting time. But how long do you need to go to get your Naturalization and how old is your child?. but for now the only thing to do in your case is just to file, a I-130. Also your child can stay in the country, because I have a similar situation with my daughter, I was GC holder and she was under 21yr but it took me forever, but the lawyer advise me, to keep my daugther in the country, because after her overstay, she will have from 3 to 10 yrs bar. I became an expert in this issue, but finally my daughter is GC holder. Good luck, I know is so frustate it but at this point there is nothing we can do.

 

[forex_dealer]

Thank you for your reply.It is actually not my child,I am trying to get this info for someone else.I am a US citizen and wouldn't have this problem.People who have a GC will need to wait 4-5 years to get their citizenship,that is a long time.

 

[kittenKat]

Also your child can stay in the country, because I have a similar situation with my daughter, I was GC holder and she was under 18yr but it took me forever, but the lawyer advise me, to keep my daugther in the country, because after her overstay, she will have from 3 to 10 yrs bar. I became an expert in this issue, but finally my daughter is GC holder. Good luck, I know is so frustate it but at this point there is nothing we can do.

Did you daughter fall under 245(i) or she was under 21 when you became a citizen? Or did you file for the extreme hardship?

As far as I know the child can NOT adjust if he/she is not in US legally. Unless he/she is under category above. I'd be VERY HAPPY to hear about other ways. But from what I know...

 

[babepen09]

Did you daughter fall under 245(i) or she was under 21 when you became a citizen? Or did you file for the extreme hardship?

As far as I know the child can NOT adjust if he/she is not in US legally. Unless he/she is under category above. I'd be VERY HAPPY to hear about other ways. But from what I know...

Hello Kittenkat:To respond your question, my daughter came to the country with a visitor Visa B/2 and she overstayed, by that time she was 12yrs. I filed a petition (Form I-130, Petition for Alien Relative,as a Second Preference of an lawful permanent residents children (under twenty-one), I wait for almost 5 yrs, and by that time in a way she was Illegal( overstay Visa), until his Visa Number was approved,then I filed a I-485. but she stayed in the country and she ajusted her status inside, without leaving the country. You can ajust status in the US if you prove to them that you enter legally to the country, the only thing and the main key in this is just Patience and wait because is a long process to go through a multi-step process to become an immigrant.
Sometimes when I see in here advise like " you have to leave the country, to ajusted status, that sound in a way very generic, because in cases that you can prove that you enter the country through an entry port and you have been inspected and you have a 1-94, and you overstayed, you can ajusted his/her status without any problem, if they have sponsor (relative), like mom/dad, wife/husband(US),as well as permanent resident like me. that I have to wait for ever, but every case is different and unique. I hope this clear your question.

 

[kittenKat]

I see... But in this case you became US citizen when she was under 21 years old, right (12 years + 5 years of waiting +/-)? So yes, she can adjust because she was considered to be USC immediate relative, and yes it was absolutely right decision to stay in country. Actually another exception is 245(i).

I don't know about original poster's situation though. But if the kids are close to 21 and will be 21+ on moment the parents become USC, then staying in US illegally will make things much, much worse in this situation. They'll be deported with ban from what I read on number of forums and was told by several lawyers. Not trying to scare here the original poster, but in such tricky situations it's ALWAYS best to talk to the GOOD lawyer.

 

[Jackolantern]

kittenKat is right ... unless the children are far from 21, it is a dangerous situation to have them try to adjust in the US. They need to leave the US as soon as they turn 18 so the illegal presence doesn't accumulate (the time spent in the US when under 18 isn't counted against them), and then wait outside the US for at least one parent to become a citizen or for their FB2 priority date to become current so they can return to the US with an approved green card.

 

[babepen09]

I see... But in this case you became US citizen when she was under 21 years old, right (12 years + 5 years of waiting +/-)? So yes, she can adjust because she was considered to be USC immediate relative, and yes it was absolutely right decision to stay in country. Actually another exception is 245(i).

I don't know about original poster's situation though. But if the kids are close to 21 and will be 21+ on moment the parents become USC, then staying in US illegally will make things much, much worse in this situation. They'll be deported with ban from what I read on number of forums and was told by several lawyers. Not trying to scare here the original poster, but in such tricky situations it's ALWAYS best to talk to the GOOD lawyer.

Hello Kittenkat: back to your question, My daugther became Permanent resident, while I was a Permanent resident, no US Citizen, I just recently became a US citizen, that why we have to wait a long time because she wasn't n immediate relative. but she was under 21, by the time she became PR she was 17yrs. Now she is 19yrs. so Jackolantern, is absolutly right, if your children is over 18 then is better to leave the country before he turn 18, so bar of 3 yrs or 10 yrs won't counted against them. I was so lucky that I could fixed it before she turn 18.

 

[wifey246]

Hello Kittenkat: back to your question, My daugther became Permanent resident, while I was a Permanent resident, no US Citizen, I just recently became a US citizen, that why we have to wait a long time because she wasn't n immediate relative. but she was under 21. Now she is 19yrs.

I'm confused.. You're a US Citizen? But in your recent posts, your timeline says you filed I485 last month and has just finished biometrics.. Correct me if I'm wrong. It's 2:30 am, maybe my brain is not processing properly.

 

[babepen09]

I'm confused.. You're a US Citizen? But in your recent posts, your timeline says you filed I485 last month and has just finished biometrics.. Correct me if I'm wrong. It's 2:30 am, maybe my brain is not processing properly.

Hello Wifey: sorry to make you feel confused, but that threat that I open a thread for April Filers, I'm claiming my mom. I hope this clear your confusion, smile, I should put it on parents post, but since I did all her papers in April. that why I open that thread.

 

[LucyMO]

My daugther became Permanent resident, while I was a Permanent resident, no US Citizen...she wasn't n immediate relative. but she was under 21, by the time she became PR she was 17yrs.

I am still wondering how an illegal non-immediate relative minor adjusted her status

 

[TheRealCanadian]

I am still wondering how an illegal non-immediate relative minor adjusted her status

245i.

 

[kittenKat]

245i.

That's my understanding of only way too. But from his responses doesn't sound like. And if she's 19 now, and he applied when she was 12. Then it should be 2002, not beginning of 2001. (and of course it's just my guessing, because we didn't hear any dates anyway).

 

[ilovethe80s]

Hello Kittenkat:To respond your question, my daughter came to the country with a visitor Visa B/2 and she overstayed, by that time she was 12yrs. I filed a petition (Form I-130, Petition for Alien Relative,as a Second Preference of an lawful permanent residents children (under twenty-one), I wait for almost 5 yrs, and by that time in a way she was Illegal( overstay Visa), until his Visa Number was approved,then I filed a I-485. but she stayed in the country and she ajusted her status inside, without leaving the country. You can ajust status in the US if you prove to them that you enter legally to the country, the only thing and the main key in this is just Patience and wait because is a long process to go through a multi-step process to become an immigrant.
Sometimes when I see in here advise like " you have to leave the country, to ajusted status, that sound in a way very generic, because in cases that you can prove that you enter the country through an entry port and you have been inspected and you have a 1-94, and you overstayed, you can ajusted his/her status without any problem, if they have sponsor (relative), like mom/dad, wife/husband(US),as well as permanent resident like me. that I have to wait for ever, but every case is different and unique. I hope this clear your question.

Interesting....

Just to share another side to this -- my husband got his green card through his mother, F2B as an unmarried, over 21 child of a permanent resident. It was filed in 1993. He eventually got his green card in 2003 via adjustment of status. Before filing I-485 in 2002, he overstayed his B1/B2 status (he's been going in and out of the US since he was a child on a B1/B2) for about a year. He was confident that he could adjust in the US, "saved" by 245i, since his petition was filed prior to April 2001.

So when he filed his I-485, he also filled out the 245i form and included the extra $1000 penalty fee for overstaying. At the time, in 2002, you can file I-485 in your district office in person. When he handed his I-485 application to the person at the USCIS local office, she reviewed it and gave my husband back the $1,000 penalty fee to avail of the 245i "protection" and told him that since he entered the country legally and was inspected, he DOES NOT NEED 245i to adjust (yes, despite the overstay). We were surprised but, well, what are we to do (we were boyfriend/girlfriend then). Today, hubby is already a US citizen.

 

[TheRealCanadian]

We were surprised but, well, what are we to do (we were boyfriend/girlfriend then). Today, hubby is already a US citizen.

It's worth noting that he qualified under 245i as written in 1996 (which expired in 1998), and since the PD predates the IIRA of 1996 heavens only knows what other statutory provisions he qualified for.

 

[babepen09]

helloilovethe80s

Interesting....

Just to share another side to this -- my husband got his green card through his mother, F2B as an unmarried, over 21 child of a permanent resident. It was filed in 1993. He eventually got his green card in 2003 via adjustment of status. Before filing I-485 in 2002, he overstayed his B1/B2 status (he's been going in and out of the US since he was a child on a B1/B2) for about a year. He was confident that he could adjust in the US, "saved" by 245i, since his petition was filed prior to April 2001.

So when he filed his I-485, he also filled out the 245i form and included the extra $1000 penalty fee for overstaying. At the time, in 2002, you can file I-485 in your district office in person. When he handed his I-485 application to the person at the USCIS local office, she reviewed it and gave my husband back the $1,000 penalty fee to avail of the 245i "protection" and told him that since he entered the country legally and was inspected, he DOES NOT NEED 245i to adjust (yes, despite the overstay). We were surprised but, well, what are we to do (we were boyfriend/girlfriend then). Today, hubby is already a US citizen.

I'm totally agree with you about your hubby case, because the exactly case happen to my daughter. I do not understand why in here they do not understand that , if we were the one who when through that and that why we want to share our expirience. Myy daughter and your hubby came to the country legally with a B1/B2 Visa and overstayed, but both were inspected, there is not need to apply for the 245i, because this law is clear and it stated that :

On December 21, 2000, the President of the United States signed a bill entitled the LIFE Act into law. A part of the LIFE Act is the amendment of Section 245(i) of the Immigration and Nationality Act. The original Section 245(i) was enacted in 1994 and allowed aliens who were out of status, entered the U.S. without inspection, or violated the terms of their non-immigrant status to file an adjustment of status if they were beneficiaries of immigration petitions or labor certification applications filed by January 14, 1998. An alien who missed the 01/14/98 deadline could not adjust his/her status if he or she was out of status, entered the U.S. without inspection, or violated the terms of non-immigrant status. The LIFE Act amended Section 245(i) by extending the deadline to April 30, 2001.

 

[kittenKat]

Does it mean you applied for her BEFORE April 30, 2001? If so that's what everyone is trying to say here - she COULD adjust. If you applied for her say, May 2001, I do NOT understand how she can adjust from illegal status.

 

[babepen09]

Does it mean you applied for her BEFORE April 30, 2001? If so that's what everyone is trying to say here - she COULD adjust. If you applied for her say, May 2001, I do NOT understand how she can adjust from illegal status.

nop, I Applied for her after that year in (2002), My Lawyer told me that there is always a confusion, when you filed for a person under 21, yrs. This child do not requested to come to the coutry on (his or her own), so the penalty do not count ( bar 3 or 10 yrs) for them. but if the person reached the age of twenty-one. and remain in the country without a legal status,that when the problem begin, Therefore he or she is AGE OUT and his adjustment of status based on FB-2A will not be approved because he is no longer an unmarried child under 21 years old of a permanent resident. I guess is an special case for minor children that many people do not know or are not aware, but my great lawyer knew it and he worked with that. that why I could filed for my daughter without doing a 245i, because Only if a person is over 21 and was present in the US on December 21, 2000. then that person may take advantage of the 245(i) and can remain in the US to wait for his immigration quota based on FB-2B.