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FOR GUILLERMO This inquiry for you is regarding the previous…

FOR GUILLERMOHello sir. This inquiry...
FOR GUILLERMOHello sir. This inquiry for you is regarding the previous person who is a US citizen and was trying to apply for her 3 kids to get their N600. That route does not work out for them because of the 5 year issue we discussed, but now this person would like for each of her 3 children to apply for green cards. They are currently in the U.S. with her and are all minor children all unmarried. My questions:1. Since this person is a US citizen (their mother), I'm assuming that since they are all under 21 and unmarried, they can currently apply for their adjustment of status? They have been living here 5 years now in the U.S.2. Do each of the children have to submit all of the forms ---- I-130, I-485, I-765, and I-864 (they don't need travel documents)? If so, looks like for each child the process will cost the usual $1,760?3. My last question is regarding the min. income requirement here since the U.S. citizen mother who is the sponsor is married. The mother did not list any of her 3 children on her taxes as dependents. My question in this regard is whether the proper total number of people in this household when each child submits all of their above forms is just going to be 3 then? Or would it not matter the fact that the US citizen mother did not list any of her 3 children as dependents, and thus the total amount of people for purposes of the income requirement will be the mother, the husband, AND ALL 3 children and hence 5 total?Thank you very much.
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Answered in 2 minutes by:
5/9/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,912
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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1) Yes.

2) Yes but I would include the I-131 because there is no additional fee and you never know when they could have aneed for emergency travel.

3) It will be 5.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

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Customer reply replied 3 months ago
There's no I-130a required right because it's the children applying?
Customer reply replied 3 months ago
I'm wondering how the 3 children entered the U.S. because only the mother is a U.S. citizen.
Customer reply replied 3 months ago
It was from a country in the Caribbean.

No I-130A is required, but proof of their legal entry and inspection is required. You know this.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,912
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 3 months ago
Quick last followup. Do you recommend each child to submit the work permit I-765 even though they are all under 16 currently? What happens if they don't but they get approved for green cards, would they later have to submit the I-765's when they start to work after they are 18?

Yes, I do. There is no additional cost and it serves as an ID. If you do not submit an I-765 but their green cards are approved, they don't need anything else.

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Customer reply replied 3 months ago
if they are approved for green cards, they are legally allowed to work even if they did not submit the I-765's originally?
Customer reply replied 3 months ago
if they don't submit their I-755's, the only forms required for these children are I-130, I-485, and I-864?

If the green cards are approved, that would be their ID and work authorization even if an I-765 was not filed. The I-765 is to allow work in the interim. I would still file them since there is no associate cost.

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Customer reply replied 3 months ago
Sorry sir there has come up another issue with this family and I wanted to run this by you so I don't have to start an entirely new thread for a quick question:So the father here (who is just a green card holder) has his own daughter who is here in the United States and would also like to apply for a green card.1. This is not going to be possible applying through her green card holder father while remaining in the United States, correct?2. Can the mother who is a U.S. citizen be the petitioner for her "step daughter" who is here in the U.S. as I mentioned above and would like to now apply for a green card while remaining in the U.S.?

Remember, every new thread you start means I have a chance to be compensated again, and since you have unlimited questions per month, it's much better for me if you were to post a new thread for every single question!

Anyway:

1) Correct. It will take more than a year (if she is a minor under 21) for the I-130 to be usable and if she is just visiting, she won't be able to extend her stay long enough. If she was in another status like F-1, that could work.

2) Yes, if the step-mother married the father before the step-daughter turned 18. If she was over 18, then no.

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Customer reply replied 3 months ago
This might be a stupid question, but since this other step daughter lives with them as well (not one of the 3 children she wants to apply for now), does that mean since she is also married, the total amount of people in the household is now 6 (not 5)? How is USCIS really going to know if they are not claimed as dependents in the Petitioner US Citizen's tax return?
Customer reply replied 3 months ago
I wish it was unlimited. It's only 20 questions per month max, the rest I have to pay additional.

Ah, I see. I thought it was unlimited. Oh well. USCIS may not know the exact household size if the other child is not petitioned for nor claimed on income taxes.

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