I am a an LPR. I want to bring my wife and 2 children to the US and apply for their residency. They are UK citizens.

Asked 11 months ago - Orlando, FL

I am a permanent resident. My Dad is a US citizen. My wife and 2 children are not US residents, and live in the UK. I have previously been travelling to the UK to visit them, and they have been travelling to the US under the US/UK visa waiver program as visitors. My Dad is old and very unwell and needs constant care, so I cannot travel to the UK regularly to see my family. I am thinking of applying for their US residency using forms I-130 and I-485 the next time they are in the US. I know that I should wait at least 60 days from when they enter the US before filing these forms, but am worried that if they were to remain in the US after 90 days, they will lose visitor status, but if they leave the US, they may not be allowed back in whilst the applications are being processed. Please advise

Attorney answers (9)

  1. Carin Manders Constantine

    Contributor Level 19

    10

    Lawyers agree

    Answered . You need to speak to an attorney with immigration and family law experience. Good luck.

    This information is a general answer and is not specific to any particular case. Carin Manders Constantine, Esq.... more
  2. Alexus Paul Sham

    Pro

    Contributor Level 20

    10

    Lawyers agree

    Answered . You need to speak to an immigration attorney about your options. Just because you can file the I-485 does not mean they will stay in lawful status.

    Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does... more
  3. Jeff L. Khurgel

    Pro

    Contributor Level 19

    9

    Lawyers agree

    1

    Answered . The process you describe is problematic for several reasons: restrictions on adjustment of status for VWP entrants, possible misrepresentation implications, issues related to processing times for the petition. Contact an attorney by phone or Skype for a confidential consultation and do not put your family at risk.

    Immigration Attorney Jeff Khurgel* Assists Clients in all 50 States -- Call or email for a Consultation -- www.... more
  4. Ophelia Genarina Bernal-Mora

    Pro

    Contributor Level 19

    7

    Lawyers agree

    Answered . I would recommend you meet with an immigration attorney to discuss.

    You should consult an attorney for advice regarding your individual situation since every case is different and... more
  5. Alexander M. Ivakhnenko

    Contributor Level 20

    8

    Lawyers agree

    Answered . You need to establish a good working and legally appropriate plan by meeting with a licensed immigration counsel of your choice in person.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  6. Arthur Spiegel

    Contributor Level 10

    5

    Lawyers agree

    Answered . As a LPR, you are eligible to file for the I-130 immediately. After the I-130 is filed, and you receive a receipt for the filing from the USCIS, you can file for K-3 visas for your wife and children. If you get the K3 visas before the I-130s, then you have both applications running at the same time. Which ever one is issued first, will enable them to come in to the country. If the K3 comes out first, then bring the family here and when the I-130 issues, you can file to adjust their status from K3 immigrant status.

    You can me in Miami, FL. I'd be happy to help you file these applications.

  7. Ksenia Alexandrovna Maiorova

    Contributor Level 16

    6

    Lawyers agree

    Answered . Sir, you asked the same question yesterday. Asking it again today, in a different way, will not get you a different answer. There are many problems with the plan you propose, including, for example, the fact that individuals who enter the US via the Visa Waiver Program are generally barred from adjusting status in the United States. This forum cannot, for legal and ethical reasons, offer you case-specific advice. Nor is the forum a substitute for attorney representation. You have a complicated case on your hands, and you should hire an attorney to handle it for you if you.

  8. Robert Louis Brown

    Pro

    Contributor Level 19

    6

    Lawyers agree

    Answered . If your family enters the US with the pre conceived intent to obtain permanent resident status that is an improper use of the tourist visa and may cause serious issues for your family.
    888.861.4414
    immigration@rbrownllc.com
    www.brownimmigrationFL.com

  9. Fitzpatrick Cortright Jarvis

    Contributor Level 3

    4

    Lawyers agree

    Answered . This is a very complicated area of practice. Timimg is everything in getting a good outcome in this case.
    It is best to seek an in office consultation with an attorney where all matters can be discussed.

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