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I am a US citizen and my husband has a card. We have 2 minor…

I am a US citizen...
I am a US citizen and my husband has a green card. We have 2 minor children with Bahamas residency. The older child (14- year old, male) moved with us in January 2018 and is enrolled in a Florida High school. His immigration visitor stand is through 6/18/18. His sister (age 11) is coming this month to live and attend middle school. This was all pretty much unplanned as their mother has a health challenge. We are wondering what is the best way to proceed with their immigration documents as we do not have all the money to pay for both of them to submit the I-130 and I-485 at this time and we don’t want to cause any difficulty down the road.
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Answered in 5 minutes by:
3/19/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,398
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Hello! My name is***** and I am a licensed attorney with more than 15 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. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

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Customer reply replied 4 months ago
Thank you.
Customer reply replied 4 months ago
Also, is it permitted for them both to attend school without having the approved I-130 form as long as their entry was through immigration and they have not overstayed.

Sorry for the delay. I just ask that if the news is not good that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

Well, neither of them will accrue unlawful presence until they turn 18 and as long as you petition for each of them before they turn 21, they can still get U.S. Lawful Permanent Residency through you. If you want to do one child at a time, that's fine. If you want to do an I-130 by itself for each child, also one at a time, you can do that too, but the I-130 by itself gives no immigration benefit. As to being able to go to school, most schools, especially public schools, don't look at or care about immigration status. Immigration says they are not supposed to attend, but I have never see a child deported because of that.

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! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Customer reply replied 4 months ago
when you say no immigration benefit from I-130, what does that mean. Can you please elaborate?
Customer reply replied 4 months ago
if they were to go back to the Bahamas to visit for the summer would the fact that we submit an i130 cause any issue with them re-entering in the fall for school?
Customer reply replied 4 months ago
Re-entering through immigration

It means what I said, no immigration benefit at all. It would not prevent accrual of unlawful presence when they turn 18, it does not give them the eligibility to get a work permit or travel permit, and it does not give them any legal status to prevent deportation. All it gives them is the eligibility to file the I-485 which is usually filed at the same time, but you can wait until later.

And no, no travel to the Bahamas or anywhere outside of the U.S. Sorry. First, if they overstay even one day, any visa they have is cancelled. Second, the I-130 is proof of immigrant intent and to use a B-2 tourist visa, they have to have NON-immigrant intent. So even if they do not overstay, even if their visa is not cancelled, they wouldn't be let back in on the B-2.

Let me know if you need anything else, but please do not forget to rate me positively. 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 the stars or smiley faces, please scroll to the top of the page to see them or click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,398
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
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Customer reply replied 4 months ago
Thank you very much for your help.

You are very welcome! Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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Customer reply replied 4 months ago
Will do, thank you

My pleasure.

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