Child on B-2 to Greencard

[fgauthier009]

Hi there,
A US permanent resident living and working in US has a foreign minor child with him that is on a B2 visa.
If they were to file for 1-130 and start the green card process for the child, would he/she be allowed to stay in the country during the procedure? And if so, would he be allowed to go to elementary school?
Thank you for your help

[newacct]

The child is in the US right now? Yes, if I-130 and I-485 are filed together when the child is in status, the child can stay in the US for as long as the I-485 is pending. Yes, the child can go to school when I-485 is pending (it will violate B2 status, but that is okay when I-485 is pending).

I am assuming that there are no issues with whether the child had preconceived intent to file I-485 at the time they entered.

If you are a permanent resident, how did you immigrate? Was your child born before or after you became a permanent resident? If the child was born before you became a permanent resident, most likely, the child can immigrate as your derivative beneficiary, which means you do not have to file I-130 for them.

[HFM1919]

of course, the poster forgot to mention about the promises made when the kid got the B2...but keeping one's word is not something a lot of LPRs do after their close relative manages to obtain a B2 visa...which is why most such applications should be denied.

[fgauthier009]

Thanks for your input Newacct.
I got permanent residency after being on a L-1 visa for 5 years and being sponsored by my employer in the US.
The child in question was born before I became permanent resident and is now 10 years old. Was living with the other parent in Canada who had custody at the time of my move in the US. The child is in the US now with me on a visitor visa (B-2). The plan was for him to only stay here for the summer but his mom asked if I would keep him for a few years. I definitely want to keep him but an unsure how to proceed.

[fgauthier009]

of course, the poster forgot to mention about the promises made when the kid got the B2...but keeping one's word is not something a lot of LPRs do after their close relative manages to obtain a B2 visa...which is why most such applications should be denied.

I didn't forgot to mention anything... what promises are you talking about? Canadians are usually able to go back and forth without almost any red tape and are waived of applying for a visa (B2). The kid came and went hundreds of times since I had shared custody and the only "promise" that was made was to bring him back to his other parent in the timeline shared in the custody agreement.

[newacct]

Thanks for your input Newacct.
I got permanent residency after being on a L-1 visa for 5 years and being sponsored by my employer in the US.
The child in question was born before I became permanent resident and is now 10 years old. Was living with the other parent in Canada who had custody at the time of my move in the US. The child is in the US now with me on a visitor visa (B-2). The plan was for him to only stay here for the summer but his mom asked if I would keep him for a few years. I definitely want to keep him but an unsure how to proceed.

So, assuming you have not become a citizen (and won't become a citizen while your child's case is pending), an I-130 is unnecessary. The child just needs to file I-485 as your derivative beneficiary, and attach copies of your I-140 and I-485 approvals. This also means that you do not need to provide an Affidavit of Support.

The other parent's consent is also necessary for the child to immigrate.