Immigration Site

My uncle is a Permanent Resident. He have filed I-130 for wife/kids in 1999. His wife/kids got V1/V3 visas in 2003. They came to US in Sep. 2003. Their I-94 is getting expired in Sep. 2005 but visa validity is till 2013. Their I-130 is now approved. What should they do to get their green cards? Can he file his case in the US to get green cards or they should go back to home country to get stamped?

Can wife/kids are able to stay past I-94 date, considering that their I-130 is aprroved. What they should do to get the GC remaining in the US? Also, if wife/kids leave, how long it takes to get the visa number or stamping in home country?

Thanks in advance for any helpful advice.

Yes, they can stay in the US and file at the local INS office. As a matter of fact, their visa number should already be current if he had applied for I-130 in 1999. You will get more info regarding V visa at

http://uscis.gov/graphics/howdoi/hdinonimm.htm

Here is what I think he can do:

When the I-130 is approved, the visa number is available for his wife and kids. He can file the I-485 for his family. He can also file I-765 (work permit) or AP (advance parole) if they want to. Just send a copy of the approved I-130 letter along. He may want to redd the instruction of I-485.

They can stay here in US past I-94 expiration date. But she cant work until she get her work permit and SSN (or tax ID).

Good lcuk.
Kenmw

When the I-130 is approved, the visa number is available for his wife and kids. This is an incorrect assumption. Plenty of I-130s get approved months, if not years, before their priority dates become current.