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Posted

I have an acquaintance I recently met who came here from Sweden on VWP ten months ago with the intent to immigrate to help her single-parent son and his child after this wife left with another man. He had engaged a lawyer who told him that his mother could simply move here on VWP, wait 3 months and then adjust status. Well...whatever we know or think about that situation, rightly or wrongly, it worked as she received her EAD and ten year green card last week.

Her daughter (aged 32 and unmarried) has been visiting here on VWP every 6 months for a 3 month stay for the last 2 years, and has just arrived again for a 3 month stay. She told me that she had hassles getting through POE this time and they questioned her very thoroughly. She DOES have immigrant intent and has been looking at ways of moving here permanently for the last 2 years.

The lawyer that her brother and mother have used sucessfully before have now told her that she can stay here permanently whilst her mother (who just got her ten year green card) sponsors her. The lawyer stated that whilst the process can take as long as five years, the unmarried 32 year old daughter can remain in the USA until it is approved, that she doesn't need to return to her home country and wait it out.

I thought that was wrong information, but apparently the mother told me she had called the USCIS helpline and been told the same thing.

Can anyone clarify - as she doesn't want to risk being here illegally nad getting a ban of any kind.

Thanks

OUR TIMELINE

K1 VISA & MARRIAGE - 8 MONTHS

17 February 2004 Sent I-129F petition CSC - It was APPROVED in 147 days

3 September 2004 INTERVIEW IN LONDON SUCCESSFUL VISA APPROVED! MARRIED OCTOBER 16, 2004

ADJUSTMENT OF STATUS - 5 MONTHS

4 January 2005 - Submitted applications for AOS and EAD - 12 May 2005 Conditional Permanent Residency Approved - interview in Santa Ana

4 June 2005 CPR 2-year Green Card arrives in mail

REMOVAL OF CONDITIONS - 3½ MONTHS

8 May 2007 - I-751 sent to CSC - 23 August 2007 - Approved - Card production ordered

30 August 2007 - 10 year Green Card received

K2 TIMELINE (Stayed behind in UK to finish school)

28 March 2005 - embassy interview & medical London - visa granted

01/18/06 Applications for AOS/EAD sent - 03/28/06 EAD approved

4/3/06 - RFE for AOS - requested new medical and vacc supplement

4/26/06 - approved without interview and welcome letter sent

05/02/2006 - Greencard arrives in mail

03/14/08 - Petition to Remove Conditions mailed to CSC delivered - 7/2/08 APPROVED

NATURALIZATION TIMELINE (for myself and son) 5 MONTHS

April 18, 2011 - N-400 Applications Mailed to AZ lockbox

April 21 (received April 25) NOAs

May 12 - FP Letters mailed

May 16 - Received FP appointment letters for June 8 at 11am

August 1 - Interview - approved for Oath Ceremony - OATH CEREMONY 28 SEPTEMBER

Filed: Timeline
Posted

perfect,

If I were going to get a 2nd legal opinion, and I think that's a good idea, I'd get it from an immigration attorney - not from the USCIS 'misinformation line'.

Yodrak

I have an acquaintance I recently met who came here from Sweden on VWP ten months ago with the intent to immigrate to help her single-parent son and his child after this wife left with another man. He had engaged a lawyer who told him that his mother could simply move here on VWP, wait 3 months and then adjust status. Well...whatever we know or think about that situation, rightly or wrongly, it worked as she received her EAD and ten year green card last week.

Her daughter (aged 32 and unmarried) has been visiting here on VWP every 6 months for a 3 month stay for the last 2 years, and has just arrived again for a 3 month stay. She told me that she had hassles getting through POE this time and they questioned her very thoroughly. She DOES have immigrant intent and has been looking at ways of moving here permanently for the last 2 years.

The lawyer that her brother and mother have used sucessfully before have now told her that she can stay here permanently whilst her mother (who just got her ten year green card) sponsors her. The lawyer stated that whilst the process can take as long as five years, the unmarried 32 year old daughter can remain in the USA until it is approved, that she doesn't need to return to her home country and wait it out.

I thought that was wrong information, but apparently the mother told me she had called the USCIS helpline and been told the same thing.

Can anyone clarify - as she doesn't want to risk being here illegally nad getting a ban of any kind.

Thanks

 
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