I just got GC after many years of struggle. GC was approved only for
myself.

I can apply for my wife and kids thru I-130 which will take about 5 years.

They are Canadian Citizens.

If I file I-130, can they stay and work in US, while their application is
pending?

Thanks

You can file an I-130 for your wife and children, but as you said,
it's going to take about 5 years, AND, it does not grant them status
to stay in the US. On the other hand, they are Canadian citizens, and
should be able to enter the US without any problems based on Canadian
citizenship.

As for employment, your wife probably needs an H-1 or a TN visa for
employment. Pending I-130 status does not allow employment just like
it does not grant legal status in the US.

Jessica

"news.verizon.net" <max@hotmail.com> wrote in message news:<%JXib.26508$Hl2.18889@nwrddc01.gnilink.net>... I just got GC after many years of struggle. GC was approved only for myself. I can apply for my wife and kids thru I-130 which will take about 5 years. They are Canadian Citizens. If I file I-130, can they stay and work in US, while their application is pending? Thanks

"Jessica" <jessicazhang@yahoo.com> wrote in message
news:55955a33.0310150519.cd16d2a@posting.google.co m...
You can file an I-130 for your wife and children, but as you said, it's going to take about 5 years, AND, it does not grant them status to stay in the US. On the other hand, they are Canadian citizens, and should be able to enter the US without any problems based on Canadian citizenship.

They can enter as visitors, equivalent to B-2 status, if the immigration
officer at the border believes that the visit is temporary. Because they
will be beneficiaries of an immigrant petition, this may cause problems, and
their entry could be denied.

After they have entered the U.S. in B-2 status, their status is authorized
for only 6 months, even if they do not get an I-94 with an expiration date
on it. (Most Canadian visitors do not get an I-94.)
As for employment, your wife probably needs an H-1 or a TN visa for employment. Pending I-130 status does not allow employment just like it does not grant legal status in the US.

H-1B status would work because it allows dual intent, but TN status will be
problematic for the same reasons described above. TN status is only
available to those making a "temporary entry."
"news.verizon.net" <max@hotmail.com> wrote in message
news:<%JXib.26508$Hl2.18889@nwrddc01.gnilink.net>...
I just got GC after many years of struggle. GC was approved only for myself. I can apply for my wife and kids thru I-130 which will take about 5
years. They are Canadian Citizens. If I file I-130, can they stay and work in US, while their application
is pending?

As a practical matter, they will probably not be able to legally stay and
work in the U.S. while waiting for the quota.