Child Permanent Residence

[redzblazin 0]

Please help.....

Myself and my 2 daughters aged 17 and 23 acquired permanent resident status in 2006. I have maintained my status and currently reside in the US. Due to a sudden child death in the family in late 2008, we returned to the UK.

My 23 year old last entered on her resident visa in Aug 2009 and left in Aug 2009, she became pregnant in Dec 2009 and was confined to bed rest for the whole of her pregnancy. Since having the baby she has been in the UK. Her daughter is 20 months old and has no status in the US

Q- what can I do to bring her back with her baby?

My 17 year old last entered the states in March 2010 and left in April 2010. In 2009 whilst in the UK, she began suffering from a medical problem and was placed under a consultant, was unable to fly has had numerous investigatory test during this time and 3 operations. She is still under a consultant. There was initially no intention to stay out of the US, however due to her medical problems I had no alternative but to place her in education in the UK. She has now completed high school and I need to bring her bac to be with me as I am back and forward between the US and UK all the time through her being estranged

Q-What can I do to bring her back.

I have both their green cards and SS cards but have no idea where to begin the process of bringing them back. I am scared to have them fly here and then they are not able to enter on arrival port..

Please can someone give me some advice as to where we stand and what steps I can take to rectify this

[Penguin_ie 5,984]

They will need new visas, you need to petition for them. They had good reasons for staying out of the UK for a while (bed rest, medically unable to fly), but that was years ago, so it won;t be good enough reason for a SB-1 (returning resident) visa.

[redzblazin 0]

They will need new visas, you need to petition for them. They had good reasons for staying out of the UK for a while (bed rest, medically unable to fly), but that was years ago, so it won;t be good enough reason for a SB-1 (returning resident) visa.

Thank you for the speedy advice, much appreciated Is that definitely the only option I have and Do you have any idea of the turn around time if I petition for them as a parent?

[redzblazin 0]

If reapplying is the only option.... my 17 year old daughters father is a born and raised American Citizen would it speed up the process any if he applied will take the same amount of time either way if it was him or me applying and being that he is a citizen would she qualify to apply for automatic citizenship?

[LIFE'SJOURNEY 970]

Note; grandparents cannot petition for granchildren. Hence the 20 daughters child must be petiton by the childs parents only.

Asfar as the 17 daughter, if her USC father petition for her, he can it will take 9 to 12 months.

[redzblazin 0]

Thank you, also in the meantime before a new petition is initiated would they presently be able to visit me on a tourist visa in the meantime or would that not be viable?

[LIFE'SJOURNEY 970]

Thank you, also in the meantime before a new petition is initiated would they presently be able to visit me on a tourist visa in the meantime or would that not be viable?

Yes they will be able to use the VWP, but remember they will not be sble to AOS within the US.

[redzblazin 0]

Thanks,

So the fact that their greencards are no longer valid will not prevent them entering for vacation on the VWP? also pease explain AOS thanks again

[LIFE'SJOURNEY 970]

Thanks,

So the fact that their greencards are no longer valid will not prevent them entering for vacation on the VWP? also pease explain AOS thanks again

AOS means Adjustment of Status. Since it will take years for a visa to be avavilable for your 20 year old daughter, she can not be in a illegal status within the US.

[redzblazin 0]

AOS means Adjustment of Status. Since it will take years for a visa to be avavilable for your 20 year old daughter, she can not be in a illegal status within the US.

Thanks.. I just need clarification that they are eligible to use the VWP as dont want to have them travel here on vacation and then when they hit immigration entry port and they scan their passports they dont let them through?

[LIFE'SJOURNEY 970]

Thanks.. I just need clarification that they are eligible to use the VWP as dont want to have them travel here on vacation and then when they hit immigration entry port and they scan their passports they dont let them through?

First, you will need to turn their GC back into the US embassy, then they will be able to use the VWP. Yes, you are correct there might be some issues if you don't cross all the t's and dot the i before trying to use the VWP.

[redzblazin 0]

Thanks... does it matter if i turn their greencards in to the US embassy in the States or would they need to be turned in to the US embassy in the UK or does it not matter

[LIFE'SJOURNEY 970]

Thanks... does it matter if i turn their greencards in to the US embassy in the States or would they need to be turned in to the US embassy in the UK or does it not matter

It doesn't matter, has the card expiration date on the card expired?

[redzblazin 0]

It doesn't matter, has the card expiration date on the card expired?

Thanks just for reference the expiration date on their greencards says card expires 11/01/16 does that change anything?

[LIFE'SJOURNEY 970]

Thanks just for reference the expiration date on their greencards says card expires 11/01/16 does that change anything?

You should make an info pass and talk to USCIS before moving forward. There maybe some help for the 17, the 20 maybe out of luck. Apply for the SB-1 (returning resident) visa for the 17.

Edited September 30, 2012 by LIFE'SJOURNEY