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Hello, I am a mother of 2 boys, age 8 & 9. I got my Greencard on Aug 15, 2001. My children's application was suppose to be filed together with mine but my Attorney lied for 2 years and it lead my children to become out of status for total of 4 years now, this I found out only last week.
Their biological father died on Jan 25, 2003. He is not yet burried and his ashes remains in a buddhist temple in another country waiting until my children attend his burial.
So, I am still at panic, went to apply for the I-485, I-130 & I-131 based on my present US citizen husband's petition. The 2 Advance Parole was immediately issued on Oct 10, 2003. However, the risk was also noted on the AP. The AP itself defeats its purpose being that my children will be inadmissible to re-enter since they have been out of status for 4 years.
Are there exceptions since they are minor children of "Conditional Permanent Resident!" and since I am travelling with them on this trip? (ages 8 & 9)
What are the exception clause if any? If there is, can you help me find a link in the INS website or any where I can read it through. Thank you very much!
C. Mooney
Their biological father died on Jan 25, 2003. He is not yet burried and his ashes remains in a buddhist temple in another country waiting until my children attend his burial.
So, I am still at panic, went to apply for the I-485, I-130 & I-131 based on my present US citizen husband's petition. The 2 Advance Parole was immediately issued on Oct 10, 2003. However, the risk was also noted on the AP. The AP itself defeats its purpose being that my children will be inadmissible to re-enter since they have been out of status for 4 years.
Are there exceptions since they are minor children of "Conditional Permanent Resident!" and since I am travelling with them on this trip? (ages 8 & 9)
What are the exception clause if any? If there is, can you help me find a link in the INS website or any where I can read it through. Thank you very much!
C. Mooney
