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Here is the case, please read it very carefully, because I

want clear answers:I am becoming...
Here is the case, please read it very carefully, because I want clear answers:I am becoming a naturalized US Citizen very soon. Once I become a US Citizen, I am planning to petite for my parents, so they become US Permanent Residents. My parents still live in my back-home country. And they have adopted two kids 1,5 year ago in back home country and currently live with them. I believe, when I fill out the I-130 Form, there will be questions regarding their children, where I am indicating that they have adopted children.
Now, my questions are:1. Does the fact that they have adopted kids effect anyhow the petition?
2. Can the adopted children immigrate to the US together with their adopting parents (basically with my parents)? If yes, at what point - together with my parents in the same petition I am filing? Or my parents will have to petite for them once they become US Permanent Residents?Please, explain how does the entire process go, based on this situation stated above.Thank you.
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Answered in 9 minutes by:
8/5/2017
Nisha Jones, Esq.
Category: Immigration Law
Satisfied Customers: 1,528
Experience: Managing Attorney at a Law Firm
Verified

Good afternoon, I am an Immigration Law attorney and former Prosecutor for the State Attorney's Office. I'll be answering your questions today, please understand this is for informational purposes only, and we do not currently have an attorney-client relationship. I've reviewed your question, please allow me just a few minutes to prepare some information for you, thank you!

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You would need to file separate I-130 petitions for each parent, and for each of your siblings once they are officially adopted.

The processing time for your parents takes a couple years, however the processing time for siblings is currently running between 10 -12 years.

For that reason -- it may be better for you to petition for your parents, and then once your parents have received their green cards/ permanent residency, they can then petition for the children. That would be the fastest route for everyone to achieve residency here.

I hope that helps! Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more. The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 4 months ago
Again, please read the questions carefully and answer one by one:My parents have OFFICIALLY adopted two kids 1,5 year ago in back home country and currently live with them. I believe, when I fill out the I-130 Form, there will be questions regarding their children, where I am indicating that they have adopted children.
Now, my questions are:1. Does the fact that they have adopted kids effect anyhow the petition?
2. Can the adopted children immigrate to the US together with their adopting parents (basically with my parents)? If yes, at what point - together with my parents in the same petition I am filing? Or my parents will have to petite for them once they become US Permanent Residents?

1. No the fact that they have adopted kids will not affect the petition.

2. No, the adopted children will not be able to immigrate to the US at the same time.

Your parents will need to petition for them once they become permanent residents.

I hope that helps clarify!

Please don't forget to take a moment to leave a positive rating of 3 stars or more before leaving the page. Thanks!

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Customer reply replied 4 months ago
Ok, these answers are much better.Now, my parents have adopted the children 1,5 year ago, as I stated. But, there is a problem that I didn’t know about it and when I filled out their non-immigrant visa application in November 2016 for them to visit me in the US as B-1 visitors, I stated in the application that they have no adopted children, since I didn’t know about it.
I am sure it is kind of a conflicting information once I state in my petition that they now adopted kids. How can I fix it?

It's not anything that needs to be fixed right now.

You have a very clear reason and explanation for this.

The only point in time where it might come up is when your parents go in for their interview at the NVC in their home country -- at which time, if asked, they can just explain what you mentioned above, that the adoption was not finalized at the time, and you were not aware of the ongoing adoption process at the time.

This is not anything that will cause a problem, no need to worry.

Gentle reminder: please take a moment to leave a positive rating for my answers today (5 stars are always appreciated). Thank you!

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Customer reply replied 4 months ago
If I apply a petition I-130 for my parents while they are in the US on B1/B2 visitor visa, is there any difference in terms of processing time vs they are waiting in back home country? Also, since their duration of stay is normally for 6 months, what happens if the process takes longer than 6 months, what happens with their status? Can I apply for extension of stay reasoning it with their current pending I-130?

If I apply a petition I-130 for my parents while they are in the US on B1/B2 visitor visa, is there any difference in terms of processing time vs they are waiting in back home country?

-- No, this will not cause any difference in processing time.

Also, since their duration of stay is normally for 6 months, what happens if the process takes longer than 6 months, what happens with their status?

-- They are supposed to return home at the end of their approved stay on the visitor's visa.

-- The visitor visa is approved by USCIS and CBP on the assumption they will return home at the end of their stay, intending to stay in the US or remaining in the US is viewed as having made a fraudulent representation to USCIS in your B2 visitor visa petition.

Can I apply for extension of stay reasoning it with their current pending I-130?

-- No, this is not a grounds by which USCIS approves an extended stay. The visitor visa and I-130 are separate petitions with separate intents (one is nonimmigrant and the other is immigrant). Your parents are supposed to wait in their home country until given approval and an NVC interview date.

Please take a moment to leave a positive rating at this time as the site works on a good faith basis, that in exchange for my answer to your initial question, you leave a positive rating of 3 stars or more. Thank you.

If you'd like to discuss your case further or have any more detailed questions in reference to your parents' petition, we can speak over the phone. There is a small additional fee but that is the forum per site policies and rules for discussing your case in more in-depth detail. I'd be happy to do so. Thanks!

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Customer reply replied 4 months ago
What kind of document/proof for adopted kids will be required from my parents, when they go to interview for immigrant visa? Birth certificates? Adoption certificate?
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 5,511
Experience: She has worked on all types of U.S. Immigration cases since 2007.
Verified

Hello, my name is***** and I will be the immigration attorney helping you today. I have some different responses to the last questions. Please let me know what other questions you have after.

If I apply a petition I-130 for my parents while they are in the US on B1/B2 visitor visa, is there any difference in terms of processing time vs they are waiting in back home country? Yes, the processing time is faster in the US.

Also, since their duration of stay is normally for 6 months, what happens if the process takes longer than 6 months, what happens with their status? The B1/B2 is a visitor visa and yes your parents are supposed to return however if once they are in the US, they suddenly decide to apply for their green card here, yes it is allowed as long as it was not their intention upon initial entry to the US. And they should wait until they've been in the US at least 60 days. If they are in the US when you apply for their green card, they are allowed to remain in the US once all the applications are filed. They do not have to depart the US when the 6 months expire and they do not need to apply to extend their status. They will be in an automatic temporary legal status as soon as the applications are filed.

Can I apply for extension of stay reasoning it with their current pending I-130? Please read above.

Your parents will have to separate apply for the adopted children once they have their green cards. They will need to show their birth and adoption certificates.

Good luck to you and I hope this answer has helped you!

Please kindly click "Finish by RATING" now and RATE me by choosing from the STARS. Don't worry, the question will NOT close and will NOT be finished. It stays OPEN after you rate me and I will continue to answer your follow up questions for you at no additional charge if you have any.

Hopefully you feel I have earned 3 or more stars for my service. This is very important. This is how I receive credit from what you paid. If you don't RATE , I receive zero credit for my time here.

Again, if you just have additional follow up questions that you would like to ask me, please ask me and I will be happy to clarify. Your satisfaction is my goal.

Any bonus you feel I earned is always welcomed and appreciated :)

If you have other NEW questions in the future, you can make sure that I am the one that answers it for you by writing the words "FOR JEN MARIE" in the beginning of your new post.

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Hello again.. I see that you were able to view my answer a few days ago, but you did not ask any follow ups or leave me any feed back.

Please let me know how else I can help and please kindly keep in mind that we experts do not receive a salary from this website. We only receive credit when you leave a good rating for us with the stars ★★★★★. Thank you for your consideration of our work and time here.

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Customer reply replied 3 months ago
Do you have any link to any laws which supports your following answer? : And they should wait until they've been in the US at least 60 days. If they are in the US when you apply for their green card, they are allowed to remain in the US once all the applications are filed. They do not have to depart the US when the 6 months expire and they do not need to apply to extend their status. They will be in an automatic temporary legal status as soon as the applications are filed.

Which part? There is a lot of information in there.

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About the 60 days.. you can read here http://www.nolo.com/legal-encyclopedia/will-3060-day-rule-help-clear-suspicion-about-your-intentions-upon-us-entry.html

It is a suggestion.

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Customer reply replied 3 months ago
this part: If they are in the US when you apply for their green card, they are allowed to remain in the US once all the applications are filed.I just dont want them to be out of status

They will be in a temporary legal status/ a period or authorized stay once the applications are filed. You can read it in page 6 here http://www.ilw.com/immigrationdaily/news/2009,0515-neufeld.pdf

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Customer reply replied 3 months ago
How long does it take normally/usually in the US? Based on the last cases.

About 6 months.

Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 5,511
Experience: She has worked on all types of U.S. Immigration cases since 2007.
Verified
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Jen Marie, Esq.
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 5,511
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