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I won DV lottory. Am single. i have kids but did not enter

 
Guillermo J. Senmartin, Esq.'s Avatar
  • Answered by:Guillermo J. Senmartin, Esq.
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Customer Question

I won DV lottory. Am single. i have kids but did not enter my kids because i could not have gotten money for cost. Now am a green card holder and 1 year in America. my question is can i petition for my kids even though i entered no kids? how many years will it take my kids to visit America?

 

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State/Country relating to question: New Jersey

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I have called USCIS for forms i-130 and yet to submit

Submitted: 293 days and 3 hours ago.
Category: Immigration Law
Value: Php1,172
Status: CLOSED
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Expert:  Guillermo J. Senmartin, Esq. replied293 days and 3 hours ago.

Hello. How old are your children? Are they single or married?

Customer replied293 days and 2 hours ago.

My elderest kid is currently 10 years old (single)


Next kid is currently 8 years old (single)


Next third kid is currently 5 years old (single)


Next fourth kid is currently 3 years old (single)


thak you for responding.

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Expert:  Guillermo J. Senmartin, Esq. replied293 days and 2 hours ago.

You are very welcome. What country were they born in?

Customer replied293 days and 2 hours ago.

They were all born in Tamale -Ghana, West Africa.

Accepted Answer

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Expert:  Guillermo J. Senmartin, Esq. replied293 days and 2 hours ago.

Ok. For you to petition for them, it will take about 2 to 3 years for them to be able to come because you are not a U.S. Citizen. There is no way to speed that up because it is a waiting line of persons that applied before you and they are waiting in line as well and no one is allowed to jump ahead of anyone else in that line, not even in an emergency. So if you apply now, it will take about 2 to 3 years before they can immigrate to the U.S. They will not be able to visit during that process because they won't approve a non-immigrant visitor visa when it is obvious that they have the intent to immigrate since you are applying for them. If you ONLY want them to visit, they can apply for a B-2 tourist visa at the U.S. Embassy and it would take 1 to 3 months if they are approved.

Please let me know if you have any additional questions. I would be happy to answer them for you without additional charge. If there is a delay in getting back to you it is either because I am answering other questions or I had to log off, but I will be back with you as soon as possible. It is VERY important that if you are not satisfied, please ask additional questions. My goal is to provide you with top-notch service. And please don't forget to rate me, but please rate me on my service to you, not the state of the law because I have no control over that. Also, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!

 

Expert TypeImmigration Lawyer
Category: Immigration Law
Pos. Feedback: 99.0 %
Accepts: 27410
Answered: 7/29/2012

Experience: 10+ years of experience in various aspects of U.S. Immigration Law.

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Customer replied293 days and 1 hours ago.

Plse which website gives me access to B-2? what what will the embassy require from me as a mother?

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Expert:  Guillermo J. Senmartin, Esq. replied293 days and 1 hours ago.

Here is the site:

 

http://travel.state.gov/visa/temp/types/types_1262.html

 

Mainly you have to prove that your children will be going back home after their short trip, so it is important to show that they have strong ties to home.

Customer replied293 days and 1 hours ago.

Pse how many months will they allowed stay on their visit?

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Expert:  Guillermo J. Senmartin, Esq. replied293 days and 1 hours ago.

Up to 6 months and can be extended for up to 6 more months.

Customer replied293 days and 1 hours ago.

Pse how much finance do i need to embark on this?


 


 


Do Embassy need medicals of only kids?


Do i have to do DNA test prove that they are my kids before they r allowed in America?


In all how much finance do i need to embark on this? pse


 


 

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Expert:  Guillermo J. Senmartin, Esq. replied293 days and 1 hours ago.

They will send a list of what they need. They might need a medical exam and since you did not list them in your lottery application, they may need DNA proof that they are your children:

 

http://travel.state.gov/visa/immigrants/info/info_1337.html

 

As far as finances, go, enough to prove that you can provide food and a home while they visit.

 

Honestly, your chances of approval are not good. Why? Because they will think that you just want to bring them to live with you now and then while they are in the U.S., even though they become illegal, you will get your U.S. Citizenship in a few years and then file so that they can get Residency. They know this is a possibility because you will not want to be separated from them for the 2 to 3 years for you to do it the right way.

 

But unfortunately, all you can do is try. If you want, you can hire an attorney to give you the best chance. You can look for one at http://www.ailalawyer.com/.

Customer replied293 days and 1 hours ago.

plse, in case they r denied visits how long time do i need before i can re apply and then put in form 130.

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Expert:  Guillermo J. Senmartin, Esq. replied293 days and 1 hours ago.

You can apply the I-130 for them whenever you want and it doesn't matter if they deny the B-2 visas, that won't hurt the I-130 process.

Customer replied293 days ago.

am one year in America as a DV1 green card holder, which calendar year can i put in upgrading status to citizen?

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Expert:  Guillermo J. Senmartin, Esq. replied293 days ago.

Generally speaking you would have to have at least 4 years and 9 months of Residency status before you can apply for U.S. Citizenship.

Customer replied293 days ago.

Pse, do i need to fill separate form i-130 for each kid?


 


Is it a requirement that an attorney MUST sign form i-130 before application will be accepted and processed by USCIS?

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Expert:  Guillermo J. Senmartin, Esq. replied293 days ago.

Yes, you do. An I-130 for each child is needed.

 

And no, it is not required that an attorney must sign.

Customer replied293 days ago.

(1) plse after i fill form g-325a (biographic) for myself, do i need to form g-325a for children too?


 


2) Apart from money order of 420 USD for each child, what other documents do i have to attach before mailing to USCIS

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Expert:  Guillermo J. Senmartin, Esq. replied293 days ago.

1) Yes, one for each.

 

2) Proof of your Residency, copy of your birth certificate and their birth certificates, certified translations of those birth certificates if they are not in English, and anything else that the I-130 instructions state.

Customer replied292 days and 23 hours ago.

1) if i submit application form i-130 in Dec 1 2012, in how many months will USCIS send me a letter to request for DNA test?


 


2) Where will DNA text be performed? America or Ghana?


 


3) DNA will be done on only mother or on children too.

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Expert:  Guillermo J. Senmartin, Esq. replied292 days and 23 hours ago.

1) I do not know.

 

2) Please read through the link that I gave you about the DNA tests. You would most likely have to use a lab that they designate in the U.S. for you and your children would have to use a lab that they designate for them in Ghana.

 

3) On both.

Customer replied292 days and 23 hours ago.

Thank you. plse do not get excited about question number 1. honestly i am yet to get into websites u provided. i will surely do that and get back to you tomorrow. Good nite.

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Expert:  Guillermo J. Senmartin, Esq. replied292 days and 23 hours ago.

I am leaving on vacation for about 9 or 10 days and I will not have internet access, but you can post a new question if you like and someone else will answer. Good luck to you!

 
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