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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108337
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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How can a green card holder with children from another woman

Customer Question

how can a green card holder with children from another woman not married to, take this children to the united states. though this children have been to the united states on visitation visa before now with there biological father and siblings.
Submitted: 1 year ago via ForeignBorn.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay as I may also be assisting other customers at the same time and I read and type fast, but not that fast! Thank you for your patience.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Are you asking how the U.S. Lawful Permanent Resident can bring the children to live in the U.S. and also get green cards? How old are the children? Do the children have a U.S. Citizen step-parent?
Customer: replied 1 year ago.
the children are 4, 6, 14 and 16 years from another woman, although the father is a green card holder yet to arrive in the united states with his legally married wife and kids with green card. The legally married wife is the principal applicant for the approved green cards.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Ok, this is a little confusing. Who is the LPR (green card holder)? How did they get LPR status? The step-parent, what is their status?
Customer: replied 1 year ago.
step mother and their father are green card holders. they got LPR status through step mother's brother who is a US citizen.
Customer: replied 1 year ago.
hello
Customer: replied 1 year ago.
waiting pls
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Yes. I am here, but please understand that I am the only active immigration expert online at the moment, on a Saturday, and I am helping other customers at the same time. Sorry for the delay and thank you for your patience. And none of the children got a green card through the parent/step-parent? Were they included in the I-130 petition?
Customer: replied 1 year ago.
NO. THEY ARE NOT INCLUDED IN 1-130 PETITION
Customer: replied 1 year ago.
THEY DO NO NOT POSSESS GREEN CARD
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
As step-children that their parent and step-parent married before the children turned 18, they should have been included in the I-130 petition. So there are two options at this time: 1) File an I-824 and prove that the parent and step-parent married before the children turned 18 and ask that USCIS inform the National Visa Center (NVC) to do Consular Processing for the children so that they can all get immigrant visa and here is a link: https://www.uscis.gov/i-824 2) The U.S. Lawful Permanent Resident parent can file an I-130 for each child so that each can get a green card to come to the U.S. Option #1 will most likely take about a year or so. Option #2 would take around 2 years. Either way, if the LPR parent and step-parent do not want to leave the children behind for so long, the parent and step-parent would need to come to the U.S., get their Residency status, then apply for a Re-Entry Permit on form I-131. This will allow them to be outside of the U.S. for up to 2 years without abandoning Residency status. They can use it for multiple trips. This would allow them to be with the children while they wait for Consular Processing. Here is a link to the I-131: https://www.uscis.gov/i-131 My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see any stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Your question thread does NOT close, so you can ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello. I'm just following up with you again to see how everything is going. Did my answer help? Please let me know. Thank you!
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Thank you for your kindness and respect. Good luck to you.

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