Can my family stay? Help!

Hi! I got headache and looking for the solution....

I'm a permanent resident of US (a Green Card holder). My application for Naturalization (N400) has been submitted early this year. I got married last month in NY. My wife came from HK together with my two stepdaughters (under 18 yrs old) under B1/B2 visa. They'd like to stay with me in the state for living. Now:

(a) What step should I do to apply my family (wife and kids) to stay permanently in US?

(b) Is it possible for them to stay in US legally while waiting to be permanent residents after submit the application? Some people say it's OK but some not, I'm so confused

I'd be very much appreciated to get a clear direction for my next step. Thank you for your help!

AFAIK obtaining Lawful Permanent Residence status through a family based application can be either in the:

1. 'immediate relative' category i.e. the spouse, parents and children unmarried and under 21 of US citizens. They can apply for adjustment of status immediatley.

or

2. 'other family member' category i.e. adult children of USC, spouses/ children under 21 of LPR, brothers of USC. They must wait for a visa number to become available before thay can adjust status. I understand the wait is currently about 5 years before a number is available for the spouse/kids under 21 children of LPR as in your case.

Until their visa number becomes current those in the 'other family member category' must maintain legal status on their own basis/ merit throughout their saty in the US. Not sure where you filed for naturalisation but it is likely to take a minimum of 12-15 months if not more. Most people I have known in this situation go for an F1 (academic study) or H1 (speciality worker) to maintain US status. Your wife/ kids must leave the US by the date on their I-94 or else they will start accumulating illegal presence. Note their stay in the US under the B2 (pleasure/ tourism) visa may have been extended to a year but it is clear that there is now immigrant intent so any extension requests are likely to be declined. In any case there may be issues around misrepresentation as to the entry of your wife to get married and remain in the US in contrast to the 'non immigrant' criteria for B1/B2 entry.

Once you become naturalised they move to the IR category and you can file for them to obtain LPR immediatley. I have known people sit out the 'naturalisation' period of their spouse because a petition for LPR by the USC includes a forgiving of any 'illegal presence/ overstay' by the people being sponsored (in your case wife/ kids) in the US - in light of the ever evolving stringent US immigration laws I would not recommend such an action. It is also best that you contact a lawyer for further advise.