in the States on Visa Waiver , changing status

[Staffnurse53 0]

Hi , my husband and I and our 15 year old daughter are in the States visiting our son. he wants us to apply for permanant residence. As British citizens we used the VWP to enter the country. can we file concurrently for each of us , I realize that as parents of an American citizen we will not be on the waiting list , but our daughter who is aminor will be on the waiting list , If we change our status would our daughter be able to stay with us while her application is being processed?

Also we have about 70 days remaining til we are obliged to,leave , does that give us enough time for the processing ? Thanks

[benuk 18]

Hi , my husband and I and our 15 year old daughter are in the States visiting our son. he wants us to apply for permanant residence. As British citizens we used the VWP to enter the country. can we file concurrently for each of us , I realize that as parents of an American citizen we will not be on the waiting list , but our daughter who is aminor will be on the waiting list , If we change our status would our daughter be able to stay with us while her application is being processed?

Also we have about 70 days remaining til we are obliged to,leave , does that give us enough time for the processing ? Thanks

Nope, you cannot change your status on VWP is illegal plus your daughter will have to wait at least 10 years to get her GC if her brother applies for her but if you guys apply it should take 3 years or less!

[aaron2020 11,651]

Your daughter can not stay in the US to wait.

It takes 11 years for a US citizen to petition for a sibling.

When a US citizen petitions for a parent, only the parent gets an immigration benefit.

It takes 3 years for an LPR parent to petition for an unmarried child.

Your child is not allowed to live in the US while waiting for a green card. Without a green card, she cannot live in the US.

[benuk 18]

Hi , my husband and I and our 15 year old daughter are in the States visiting our son. he wants us to apply for permanant residence. As British citizens we used the VWP to enter the country. can we file concurrently for each of us , I realize that as parents of an American citizen we will not be on the waiting list , but our daughter who is aminor will be on the waiting list , If we change our status would our daughter be able to stay with us while her application is being processed?

Also we have about 70 days remaining til we are obliged to,leave , does that give us enough time for the processing ? Thanks

Edited July 30, 2012 by benuk

[aaron2020 11,651]

Nope, you cannot change your status on VWP is illegal plus your daughter will have to wait at least 10 years to get her GC if her brother applies for her but if you guys apply it should take 3 years or less!

It's not illegal to adjust status after entering the US on the VWP if there was no intent to immigrate at the time of entry.

[benuk 18]

It's not illegal to adjust status after entering the US on the VWP if there was no intent to immigrate at the time of entry.

Okay so tell them that will be okay to do it!

Edited July 30, 2012 by benuk

[Boiler 46,119]

Your son is a USC?

[ceadsearc 516]

If your son is a USC an you entered without intent you can stay and adjust. Your daughter will have to go home, though. Immediate relative categories do not allow for derivatives.

Better you both go home, he files for an IR-5 for one of you (7-9 months), then that person moves to America and files for spouse and child (2-3 years, minor child must not age out).

[Staffnurse53 0]

If your son is a USC an you entered without intent you can stay and adjust. Your daughter will have to go home, though. Immediate relative categories do not allow for derivatives.

Better you both go home, he files for an IR-5 for one of you (7-9 months), then that person moves to America and files for spouse and child (2-3 years, minor child must not age out).

My son is USC, and we intended to come for a couple of months.So I can imagine we would be able change status .

There are other complications that this forum might not be able to give us advise on, Here goes , I am A British subject, my husband is originally Syrian , but has British nationality , my daughter is British , we are resident in Syria, where we have home and business, you might have heard of the war going on there, so obviously we would,t want to send our daughter back there. Since we left Syria things have gone worse and our son does,nt want us to return there. Going to UK wouldn't,t be an easy option as we have no ties there now,but it looks like that might be our only option now At what age does a minor child age out?Anway thank you for your replies, it's getting clearer!

[ceadsearc 516]

They age out at 21.

Your spouse and daughter might be able to apply for Temporary Protected Status or asylum but given that they are able to live in the UK that may not be easy.

A consult with a good immigration attorney might be in order.

[Boiler 46,119]

British National or British Citizen? If you entered on the VWP then Citizen I would have thought.

An asylum claim should be a good laugh.

[Staffnurse53 0]

British National or British Citizen? If you entered on the VWP then Citizen I would have thought.

An asylum claim should be a good laugh.

See my problem ? If I was a Syrian national claiming asylum it would be easier, I am a British Citizen so are my husband and daughter, as you suggested we need to see a lawyer , although it might be cheaper to go back home ! Thanks guys......

[NigeriaorBust 4,087]

If you don't want to go back to Syria you can adjust and send your daughter alone to any country that will accept her for the next 3ish years. You seem to be able to go to the UK if Syria is a risk to you and your family.

[Staffnurse53 0]

If you don't want to go back to Syria you can adjust and send your daughter alone to any country that will accept her for the next 3ish years. You seem to be able to go to the UK if Syria is a risk to you and your family.

That's not an option, but thanks anyway , I just hope things get better in Syria then we can go back , don,t get me wrong USA has been very good to our son and given him opportunities that nowhere else could, but our home is in Syria

[del-2-5-2014 1,339]

That's not an option, but thanks anyway , I just hope things get better in Syria then we can go back , don,t get me wrong USA has been very good to our son and given him opportunities that nowhere else could, but our home is in Syria

I love this. I hope your family never looses sight of this.

Good luck on your journey.