Bringing aged out daughter to US - I-130 Approved

[S_S 0]

Hi,

I have just become a citizen and am very happy.

I have a daughter who could not come with us because she was over 21 years when our visa became available. I had petitioned for her while I was on PR status in 2004. Her I-130 got approved in 2005.

Now that I am a US citizen, and her I-130 has already been approved, what do I need to do next since she is having a hard time without any of us with her and she is totally dependant on us.

She is currently here with us in the US.

I find this site very helpful and any information will be very much appreciated.

Thank you.

[jula 0]

congrats S_S,

What you can do now is to upgrade the petition for your daugther to F1 category: Unmarried Sons and Daughters of Citizens by writing to NVC

However, she will still have to wait for her priority date PD ( 2004) to become curent (an immigrant visa number available to her). Take a look at Visa Bulletin http://travel.state.gov/visa/frvi/bulletin...letin_4417.html

You need to keep in mind that approved I-130 does not give your daughter any status in the USA. While she is here, she needs to maintain the status of her own or leave. If she overstays, she wan't be able to adjust status in the USA (when PD becomes curent). She will have to go through consular processing... and if she overstayed in the USA, once she leaves she will have a ban on returning..

[aaron2020 11,651]

congrats S_S,

What you can do now is to upgrade the petition for your daugther to F1 category: Unmarried Sons and Daughters of Citizens by writing to NVC

However, she will still have to wait for her priority date PD ( 2004) to become curent (an immigrant visa number available to her). Take a look at Visa Bulletin http://travel.state.gov/visa/frvi/bulletin...letin_4417.html

You need to keep in mind that approved I-130 does not give your daughter any status in the USA. While she is here, she needs to maintain the status of her own or leave. If she overstays, she wan't be able to adjust status in the USA (when PD becomes curent). She will have to go through consular processing... and if she overstayed in the USA, once she leaves she will have a ban on returning..

This is correct. Overstay and violating the immigration laws will not be forgiven in this situation. Your daughter cannot ignore the law and then expect to benefit from it without a penalty.

There was a 60 Minutes report a while back about a Mexican citizen husband being deported home. His US citizen wife and US born kids moved to Mexico to reunite with him. His wife's petition for him was subject to a 10 years ban.

[faryan 4]

congrats and all the best on your daughter's situation

[payxibka 10,047]

His wife's petition for him was subject to a 10 years ban.

Petitions are not subject to "bans" but the issuance of visas are

[S_S 0]

thank you everyone for your responses.

Jula and aaron2020, thank you for your response. I appreciated your comment that I have to inform NVC in writing. Please be informed that we do not have any intension of overstaying. We do understand that part of the immigration law. For the past 6 and a half years my daughter has been visitng us and has not on any occasion overstayed. We were just wondering that since now I have become a US citizen, would there be any provisions for my daughter since her I-130 has already been approved.

Of course we want to do everything within the law.

Thanks again everyone.