mothers denied visa affect daughter 10 yr ban

[payxibka 10,045]

How likely, payxibka, do you think the daughter will be accepted? The daughter has not been in the country since she was 8 or 9. She has no real support in Mexico. She has several family members here in the U.S. as well as ways to help get her on her feet if she left her mother in Mexico. She graduated from high school here and speaks better English than Spanish. I think it would be extremely hard for her to adapt back to Mexican life. The reason I am worried she will be rejected is because even though her mother and her have filed seperate I-130's, if her mom gets rejected wouldn't NVC think hey now you have someone to help support you in Mexico or reject her maybe because she is still young and is dependent of her mother even though she is now an adult. Would any of that come into play?

she is either eligible for the visa or not.. it won't be decided one way or another based on whether she has a support system in Mexico or not. Her case will be decided independently based on her own eligibilities not based on her mother's or where her mother resides.

Edited September 11, 2011 by payxibka

[felix123 0]

she is either eligible for the visa or not.. it won't be decided one way or another based on whether she has a support system in Mexico or not. Her case will be decided independently based on her own eligibilities not based on her mother's or where her mother resides.

Sorry for to many questions. But what do you consider as eligible?

[payxibka 10,045]

Sorry for to many questions. But what do you consider as eligible?

I don't have the case file in front of me so I cannot review it for eligibilities... and since I am not a trained decision maker on the case it would not much matter if I did or not.

Bottom line, she must be an immediate relative of a USC with an approved petition and does not have any type of "ban" attached to her would be first and foremost. Other than that the CO will review the case and look at the information provided and make a decision based on the training they have received.

[Ready to do it 101]

Maybe I am missing something, but where did any of you conclude that the daughter is an immediate relative of the USC? The OP does state that the USC married an illegal immigrant and the illegal immigrant has a now 18-18.5 year old daughter who has lived in the US since she was 8, but no where does the OP state that the daughter has an immediate relative that is a USC. i.e. I read it as the petitioner is petitioning for his new wife and the wife has an 18 yr old daughter (17 when he petitioned for her). If the wife is denied, certainly the daughter would be as well, correct? Unless the daughter is the USC's daughter, which is not stated anywhere. Am I wrong?

[payxibka 10,045]

Maybe I am missing something, but where did any of you conclude that the daughter is an immediate relative of the USC? The OP does state that the USC married an illegal immigrant and the illegal immigrant has a now 18-18.5 year old daughter who has lived in the US since she was 8, but no where does the OP state that the daughter has an immediate relative that is a USC. i.e. I read it as the petitioner is petitioning for his new wife and the wife has an 18 yr old daughter (17 when he petitioned for her). If the wife is denied, certainly the daughter would be as well, correct? Unless the daughter is the USC's daughter, which is not stated anywhere. Am I wrong?

if the step parent/step child relationship was created before the age of 18... then the stepchild is petitionable as an immediate relative.

The OP said the child was petitioned for when she was 17... the only way for this to occur was if the USC petitioner was already the stepparent (already married to the child's mother).

If the daughter was the "biological" of the USC then there probably would be no issue as to her immigration status (she would likely also be a USC.)

Edited September 12, 2011 by payxibka

[Ready to do it 101]

ah, ok great. I did not realize that a stepchild is considered an immediate relative.

if the step parent/step child relationship was created before the age of 18... then the stepchild is petitionable as an immediate relative.

The OP said the child was petitioned for when she was 17... the only way for this to occur was if the USC petitioner was already the stepparent (already married to the child's mother).

If the daughter was the "biological" of the USC then there probably would be no issue as to her immigration status (she would likely also be a USC.)

[felix123 0]

ah, ok great. I did not realize that a stepchild is considered an immediate relative.

Yea the daughter has been petitioned as well. All that stuff has been approved.

[Brother Hesekiel 2,236]

Payxibka is correct. The daughter's visa is not dependent on the mother's. It's a separate immediate relative petition.

As long as she leaves before it's been 180 days since her 18th birthday then she won't incur a ban. She must have proof of the day she left the US.

Nobody can guarantee that the daughter's visa will be approved, but the mother's ban won't have any affect on the daughter's visa.

I read the original post again, assuming I overlooked that the girl is the U.S. citizen's daughter. She is 18, in the U,S. for "over 10 years" so I cannot find anything that would allow such an assumption. Thus, the O.P. cannot file an I-130 for her.

Did I overlook something somewhere?

[felix123 0]

I read the original post again, assuming I overlooked that the girl is the U.S. citizen's daughter. She is 18, in the U,S. for "over 10 years" so I cannot find anything that would allow such an assumption. Thus, the O.P. cannot file an I-130 for her.

Did I overlook something somewhere?

Yes read the whole thing. I re posted where it said she was 17 at the marriage. The I-130 HAS BEEN APPROVED! That is not the problem.

[JimVaPhuong 4,863]

What type of stuff come into role when determining her approval in this case? She graduated high school here, speaks great english, has more family ties in the U.S., she will struggle to financially support herself in Mexico.

All of that is irrelevant. She was petitioned as an unmarried child of a US citizen, under 21 years of age. There's no discretionary factors here. Her eligibility can clearly be established with documentary evidence. As long as you've proven that she's eligible as your step-daughter - you married her mother before she was 18 - then you're eligible to petition for her. As long as she's not inadmissible - no bans in effect, no criminal history, no medical inadmissibility, etc. - then she's eligible for a visa. As long as she complies with the requirements - gets a medical exam, pays the visa application fee, provides the required documents - then her visa will be approved.

Your step-daughter's case is almost entirely bureaucratic. The CO isn't going to make any arbitrary judgements to determine if she'll get a visa. Cross the t's, dot the i's, and she'll get a visa.

Your wife is a different story. There is plenty of room for the discretion of the CO. They can question the legitimacy of your relationship. They can question the validity of your hardship claim. There's a myriad of things they can question.

I read the original post again, assuming I overlooked that the girl is the U.S. citizen's daughter. She is 18, in the U,S. for "over 10 years" so I cannot find anything that would allow such an assumption. Thus, the O.P. cannot file an I-130 for her.

Did I overlook something somewhere?

As Felix pointed out, he married her mother before she was 18.

[Ready to do it 101]

Ok, I do understand most of this now. I'm really just asking these questions to learn. The 2 things I still don't understand are...

1) The Petitioner is assuming the wife is going to get a ban. Why? Isn't her illegal status forgiven once they married?

2) The Petitioner states that he only gets SS income and he sent in the I-864. Won't he have to meet the income requirements to sponsor the daughter? He states that the only income that supports this is the income of the immigrant (not sure whether he means the wife or the daughter when he says "immigrant") Regardless, neither of their incomes can be counted for the I-864, correct? I assume this means the petitioner needs a co-sponsor to sponsor either or both of them (assuming the SS income he referred to is below the 125% threshhold).

All of that is irrelevant. She was petitioned as an unmarried child of a US citizen, under 21 years of age. There's no discretionary factors here. Her eligibility can clearly be established with documentary evidence. As long as you've proven that she's eligible as your step-daughter - you married her mother before she was 18 - then you're eligible to petition for her. As long as she's not inadmissible - no bans in effect, no criminal history, no medical inadmissibility, etc. - then she's eligible for a visa. As long as she complies with the requirements - gets a medical exam, pays the visa application fee, provides the required documents - then her visa will be approved.

Your step-daughter's case is almost entirely bureaucratic. The CO isn't going to make any arbitrary judgements to determine if she'll get a visa. Cross the t's, dot the i's, and she'll get a visa.

Your wife is a different story. There is plenty of room for the discretion of the CO. They can question the legitimacy of your relationship. They can question the validity of your hardship claim. There's a myriad of things they can question.

As Felix pointed out, he married her mother before she was 18.

Edited September 12, 2011 by Ready to do it

[Penguin_ie 5,994]

1. No, because wife entered illegally. If she had come on a visa and overstayed then yes, if no other negative factors, and never left the USA since original legal entry, she could have adjusted status.

2. He will have to meet the sponsorship requirements, or get a co-sponsor. Difficult to say more on this without knowing how much he gets from SS, any assets etc.

[payxibka 10,045]

Ok, I do understand most of this now. I'm really just asking these questions to learn. The 2 things I still don't understand are...

1) The Petitioner is assuming the wife is going to get a ban. Why? Isn't her illegal status forgiven once they married?

2) The Petitioner states that he only gets SS income and he sent in the I-864. Won't he have to meet the income requirements to sponsor the daughter? He states that the only income that supports this is the income of the immigrant (not sure whether he means the wife or the daughter when he says "immigrant") Regardless, neither of their incomes can be counted for the I-864, correct? I assume this means the petitioner needs a co-sponsor to sponsor either or both of them (assuming the SS income he referred to is below the 125% threshhold).

Illegal status is forgiven but that requires a legal entry. The OP's situation is that the mother & daughter have no status in the USA as they entered without inspection, most commonly some sort of "border jumping" (but we do not know the facts in this situation)

I read the original post again, assuming I overlooked that the girl is the U.S. citizen's daughter. She is 18, in the U,S. for "over 10 years" so I cannot find anything that would allow such an assumption. Thus, the O.P. cannot file an I-130 for her.

Did I overlook something somewhere?

No assumptions, you need to read more than the original post as the OP clarified

Edited September 12, 2011 by payxibka

[felix123 0]

Ok, I do understand most of this now. I'm really just asking these questions to learn. The 2 things I still don't understand are...

1) The Petitioner is assuming the wife is going to get a ban. Why? Isn't her illegal status forgiven once they married?

2) The Petitioner states that he only gets SS income and he sent in the I-864. Won't he have to meet the income requirements to sponsor the daughter? He states that the only income that supports this is the income of the immigrant (not sure whether he means the wife or the daughter when he says "immigrant") Regardless, neither of their incomes can be counted for the I-864, correct? I assume this means the petitioner needs a co-sponsor to sponsor either or both of them (assuming the SS income he referred to is below the 125% threshhold).

There is a joint sponsor and he is well over qualified.

[felix123 0]

Does anybody do the average waiting time for this type of visa appointment in Cuidad Juarez from the time all the documents are submitted to the actual date?