Effect of Change of Status for Dependent Child

[Green Pasture 0]

My husband currently works at an embassy and holds an A-2 Visa. My daughter is a lifetime dependent as long as my husband holds the A-2 Visa. The petition for green card is being processed and our daughter is out of age for the petition (27). If my husband gets the green card, will she be out of status? Is she were to petition for a green card, it will take years. What will be her status during the time that she is waiting for her green card? Can she travel with us? Any suggestions you can give?

[Ontarkie 14,499]

I've moved your post to Adjustment of Status from Work, Student, & Tourist Visas from Effects of major Family on Immigration Benefits. This Forum may be better suited for your questions.

[aaron2020 11,651]

My husband currently works at an embassy and holds an A-2 Visa. My daughter is a lifetime dependent as long as my husband holds the A-2 Visa. The petition for green card is being processed and our daughter is out of age for the petition (27). If my husband gets the green card, will she be out of status? Is she were to petition for a green card, it will take years. What will be her status during the time that she is waiting for her green card? Can she travel with us? Any suggestions you can give?

How is your husband getting his green card? Who petitioned for him and when? When did USCIS (or INS) approve the I-130?

While a derivative A-2 can be an unmarried son or daughter of any age, a green card derivative must have a CSPA age under 21. CSPA = Child Status Protection Act.

Your daughter's real is 27. If it took more than 6 years for USCIS to approve the I-130. Approving the I-130 is only the first step. There are many steps. Only the time it took USCIS to approve the I-130 can help your daughter. It is not the entire wait for a visa.

For example: I-130 took 8 years to approve. It takes 12 years total to wait for a visa. Only 8 years is subtracted from your daughter's real age to determine her CSPA age. (There are calcultors for this - google them.) 27 real age - 8 years for I-130 to be approved = CSPA age of 19. She is eligible for a derivative green card.

For example: I-130 took 5 years to approve. It takes 12 years total to wait for a visa. Only 5 years is subtracted from your daughter's real age to determine her CSPA age. 27 - 5 = CSPA age of 22. She is not eligible for a derivative green card.

Once your husband gains his green card, his A-2 visa is automatically voided (since a green card holder does not and can't have a visa). This also voids any derivative A-2 visas. Your daughter's A-2 visa will be voided when your husband gains his green card. Whether she gets a green card too will be determined by her CSPA age. If her A-2 is voided and she does not qualify as a derivitive green card holder, then she must leave the US or remain in the US illegally as a visa overstay.

Edited June 26, 2012 by aaron2020

[Green Pasture 0]

How is your husband getting his green card? Who petitioned for him and when? When did USCIS (or INS) approve the I-130?

While a derivative A-2 can be an unmarried son or daughter of any age, a green card derivative must have a CSPA age under 21. CSPA = Child Status Protection Act.

Your daughter's real is 27. If it took more than 6 years for USCIS to approve the I-130. Approving the I-130 is only the first step. There are many steps. Only the time it took USCIS to approve the I-130 can help your daughter. It is not the entire wait for a visa.

For example: I-130 took 8 years to approve. It takes 12 years total to wait for a visa. Only 8 years is subtracted from your daughter's real age to determine her CSPA age. (There are calcultors for this - google them.) 27 real age - 8 years for I-130 to be approved = CSPA age of 19. She is eligible for a derivative green card.

For example: I-130 took 5 years to approve. It takes 12 years total to wait for a visa. Only 5 years is subtracted from your daughter's real age to determine her CSPA age. 27 - 5 = CSPA age of 22. She is not eligible for a derivative green card.

Once your husband gains his green card, his A-2 visa is automatically voided (since a green card holder does not and can't have a visa). This also voids any derivative A-2 visas. Your daughter's A-2 visa will be voided when your husband gains his green card. Whether she gets a green card too will be determined by her CSPA age. If her A-2 is voided and she does not qualify as a derivitive green card holder, then she must leave the US or remain in the US illegally as a visa overstay.

[Green Pasture 0]

In order to clarify, my husband was petitioned in 2006 and the I-140 was approved the same year. My daughter was 23 years old and she holds a dependent visa becasue she is disabled. Is there anything we can do so she will not be here illegally once my husband receives his green card.

[aaron2020 11,651]

In order to clarify, my husband was petitioned in 2006 and the I-140 was approved the same year. My daughter was 23 years old and she holds a dependent visa becasue she is disabled. Is there anything we can do so she will not be here illegally once my husband receives his green card.

No. There is nothing anyone can do. Your daughter is an adult. It doesn't matter if she is disabled.

CSPA does not apply because she was over 21 when the I-140 was filed.

Once her father gets his green card, then she has no legal status in the US. She must leave the US.

Your husband must make a choice; 1) get the green card and send your adult daughter home or allow her to remain in the US illegally or 2) forget about the green card, keep his A-2, and let his daughter keep her A-2. I would go with choice #2.

[grrrrreat 109]

In order to clarify, my husband was petitioned in 2006 and the I-140 was approved the same year. My daughter was 23 years old and she holds a dependent visa becasue she is disabled. Is there anything we can do so she will not be here illegally once my husband receives his green card.

Are you a U.S. citizen? Is she your daughter too?