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
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.
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.
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.
Get free answers from experienced attorneys.
29,051 answers this week
3,020 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary