Extending visitors visa with British passport

[Boiler 43,462]

I assume the children are of age.

[f f 725]

they could be under 21. I doubt it but mabye.

[britinusa 0]

The children are over 21 now, does it make any difference that they were all under 18 when he became a citizen, 

 

they all all had green cards but due to school unit they were coming and going from the U.S.  When they graduated and got jobs they decided to stay in the U.K. Hoping their father would join them. Doctors have just told them this take months for him to recover and that is if he does. It's a tough decision for them.

[Boiler 43,462]

If they were in the US and PR's when he naturalised I think they would to?

 

Certainly something to look into, otherwise the logical call is for him to move.

[f f 725]

17 minutes ago, Boiler said:

If they were in the US and PR's when he naturalised I think they would to?

 

Certainly something to look into, otherwise the logical call is for him to move.

if they were under 18 and permanent residents in thier father's custody when thier father became a usc then they are also usc.

may need to file n600 to get proof of citizenship though.

[britinusa 0]

On 8/21/2017 at 11:47 PM, f f said:

are his kids still in the us? they can not enter for the purpose of doing this but if they are still here it is legal to switch to it.

 

if he has the money to sponsor them he can apply for them to adjust status so they can remain while it processes and if they do not want to stay permanently they can relinquish the greencards on the way out. to use vwp again.

His kids are still here unfortunately he is on a life support machine, slight improvement, so him sponsoring them would not be option 

[Boiler 43,462]

What is there status, how long have they been here?

[britinusa 0]

They have been here for 2 months, they are due to go back in a couple of weeks, they went to immigration office in sfo and were advised apply to reinstate their green card back in the U.K.  Now the worry is if they apply to reinstate and if they reject will they allow them to come and visit 

[Boiler 43,462]

SB1?

 

Sounds a long shot.

[britinusa 0]

Thanks for your reply, I think they have decided to give up on renewing the green cards as there is very little chance and the length of time, I think just applying for visa at the U.S. Embassy for 6 moths and go from there. 

[Boiler 43,462]

Let us know how it goes.

[britinusa 0]

Is there a minimum time they have to stay out of the US before they can return,  trying to get an appointment at the US embassy London is impossible, booked months ahead. So they are going to return on the visa waiver program for 3 months 

[az2014 381]

26 minutes ago, britinusa said:

Is there a minimum time they have to stay out of the US before they can return,  trying to get an appointment at the US embassy London is impossible, booked months ahead. So they are going to return on the visa waiver program for 3 months 

No there is no minimum time. It is up to the CBP to decide if it has been sufficient time.

 

General advice is to stay out at least the same amount as in. How long were they in and how long are they planning to stay out?

[britinusa 0]

They have been here for 3 months - their father is serious in hospital so they are wanting to comeback ASAP a week at the most. 

[Boiler 43,462]

Seem to remember there is a way to expedite a Visa appointment.

 

(Hopefully not 3 months, VWP is 90 days)