Potential Greencard and odd circumstance..Do we need it?

[Donna]

I am a US Citizen and my husband is not. Our daughter is US citizen. We reside out of the country.(his birthplace..Jamaica). I am a Resident there and soon to be citizen as well. Husband also is a Canadian Citizen so that is the passport he uses to travel.


Earlier this year our daughter became very sick and we have been in the US for 6 months due to this..Medical conditions/diagnosis is much better in the US..We originally planned to be here just a few weeks, but decided to 'watch' and she was put on medication as well so we were watching these side effects and following up with treatments. I should add we live in a remote area with not good hospitals.

At the POE originally he was granted a B-2 for 6 months. (he did not apply prior since canadians don't need to) He left the US for Jamaica at about 5.5 months, for about 2 weeks (before the 6 months was up) and came back to the US to get my daugher and me, to travel together back to Jamaica for the start of school. At the POE again, he was given 6 months B-2.

Well, last week, 9 days after his entry back to the US, our daughter had another seizure so we are thinking that her situation is not under control yet. That maybe we will postpone going back to Jamaica. This is not something we WANT to do but for her it may be the best. Therefore, it is not that we want to, but are thinking that he should maybe apply for a greencard in order for him to be able to come and go...without problems. However, our work is still in another country (we don't have to be there all the time though)

1. Can we apply for this GC now that he is here on his B-2? This was not our intention but can prove all of this..including a hospital visit last week.

2. Assume that he gets the GC...but then our daughter is 'controlled' and healthy again..We will probably want to return to Jamaica. (maybe 6months to 2 years from now? We are not sure what will happen yet)...If he were to return the GC at that point, would have a problem should we want to come back to the US at a later date or in some years for him obtaining another GC?

3. Once he applies for this GC...is he allowed to leave the
US at all? As I mentioned we have a business there and do need to come and go...to check on that business. I can easily go back and forth but can he?

4. Is there another visa/option that I should/could be looking at given our situaiton instead of the Greencard? As I said..it is not that we wanted the GC..but we don't want our family separated during this time and realize that it all depends on the POE officer and one of these times they may not grant him his B-2 at the port..Thinking his 'intent' is to migrate but actually it is not.

Thanks for the help.D

[PraetorianXI]

1. Can we apply for this GC now that he is here on his B-2? This was not our intention but can prove all of this..including a hospital visit last week. Yes, you can.

2. Assume that he gets the GC...but then our daughter is 'controlled' and healthy again..We will probably want to return to Jamaica. (maybe 6months to 2 years from now? We are not sure what will happen yet)...If he were to return the GC at that point, would have a problem should we want to come back to the US at a later date or in some years for him obtaining another GC? If you guys do not plan on living in the USA, you should not apply for a GC. You can extend his stay I-94 (I-539).

3. Once he applies for this GC...is he allowed to leave the
US at all? As I mentioned we have a business there and do need to come and go...to check on that business. I can easily go back and forth but can he? Once he applies he needs to wait 2-3 months for an Advance Parole document to allow him to travel without abandoning his GC application

4. Is there another visa/option that I should/could be looking at given our situaiton instead of the Greencard? As I said..it is not that we wanted the GC..but we don't want our family separated during this time and realize that it all depends on the POE officer and one of these times they may not grant him his B-2 at the port..Thinking his 'intent' is to migrate but actually it is not. Like I said, extending his stay I-539 is one way, but certainly you could try your chances at the POE showing enough evidence of the medical issues... just leave every 5 months and return?

[Donna]

thanks for such a timely response...Another odd thing...

One thing I do notice..He never receives an I-94 ever from immigration in Philadelphia. They just give him the B-2 stamp. Of coruse we follow the rules...if the stamp says x he would not overstay...We will always have ties to the US via me and my family no matter where we live, so we would never jeapordize his ability to enter/stay...

The only time he got an I-94..was last year when I was sick (yes we have had terrible luck with illnesses in the past 4 years with me, our daughter and his dad..)..They originally gave him a c-1 on entry..we got it changed cause I was having appts/possible surgery and post entry we went to the airport and they changed it to b-2 and gave an I-94 which we turned in when we did leave...(it was way before the 6 month time)

Anyway...
Should we decide to extend instead of GC.... how can we extend something he does not have(I-94)....Just says B-2 in his passport...Is this because he is canadian maybe they don't give the I-94's normally?

Our situation is really stressful trust me..We are in limbo and don't want to make stupid decisions..

THanks..d