Change status and become a citizen

[Sediman 0]

Hello,

My niece came here on a R B2 Visa as a child in 1999 and now she is 18, graduated high school and wants to stay. She also wants to become a citizen. Since her time here her mother has become a naturalized citizen. So I was going to start with forms i-485, i-765 and i-130 but cannot complete because the i-94 is missing from here passport. I am planning on filing the i-102 form to get an new copy of the i-94 but does it really matter being that so many years have passed? Also, should I continue on this path or should I file the I-821D, Consideration of Deferred Action for Childhood Arrivals form? Please help give me some direction

[AnotherLostSoul 167]

Hello,

My niece came here on a R B2 Visa as a child in 1999 and now she is 18, graduated high school and wants to stay. She also wants to become a citizen. Since her time here her mother has become a naturalized citizen. So I was going to start with forms i-485, i-765 and i-130 but cannot complete because the i-94 is missing from here passport. I am planning on filing the i-102 form to get an new copy of the i-94 but does it really matter being that so many years have passed? Also, should I continue on this path or should I file the I-821D, Consideration of Deferred Action for Childhood Arrivals form? Please help give me some direction

Hey there: I have no slightest clue of this case, maybe someone will come along. But just for your information, this is the "adjustment of status from work, student and tourist visas" section...and hence people focus on these topics mainly, not of citizenship issues. So, if you don't get good advices, you'd better find the proper forum thread. But that does not mean no one will respond, or that you won't get a good response at all. Just giving you a heads up that you are in the wrong "department". Good luck!

[VanessaTony 3,567]

Hello,

My niece came here on a R B2 Visa as a child in 1999 and now she is 18, graduated high school and wants to stay. She also wants to become a citizen. Since her time here her mother has become a naturalized citizen. So I was going to start with forms i-485, i-765 and i-130 but cannot complete because the i-94 is missing from here passport. I am planning on filing the i-102 form to get an new copy of the i-94 but does it really matter being that so many years have passed? Also, should I continue on this path or should I file the I-821D, Consideration of Deferred Action for Childhood Arrivals form? Please help give me some direction

Why was your niece not included in her mothers petition? Typically the child becomes a USC when her mother did because she was under 18. Because she never gained a GC though (from your post) then she didn't get citizenship when her mother did. However once she gets LPR status (her mother should petition for her to make it quicker) then she should immediately be eligible for USC. See here; http://www.cuny.edu/about/resources/citizenship/us-citizenship/CitizenshipforChildren/Nats_Chart_C-09.pdf

Hey there: I have no slightest clue of this case, maybe someone will come along. But just for your information, this is the "adjustment of status from work, student and tourist visas" section...and hence people focus on these topics mainly, not of citizenship issues. So, if you don't get good advices, you'd better find the proper forum thread. But that does not mean no one will respond, or that you won't get a good response at all. Just giving you a heads up that you are in the wrong "department". Good luck!

This topic is not in the wrong spot because this is a question about the OP's niece adjusting from her B2 visa (i.e. AOS from a visitor visa). it is where it is supposed to be. For future reference though, when you notice something you feel is in the wrong spot click the report button to have a moderator move it. The OP wouldn't start a new topic, it would be moved to the right spot... BUT as stated, this doesn't aply to this post as it's an AOS qn

Edited September 29, 2012 by Vanessa&Tony

[Sediman 0]

Unfortunately she was not included because my older sister is careless. The i-94 is missing because she removed it years ago to start the paperwork but never finished it and lost everything. It's really upsetting that this had to happen to my niece..... I apologize for my ignorance but by "LPR" I assume you mean Legal Permanent Residence. I am filing the i-485 and i-130 (on behalf of her mother) together so hopefully the process is faster. I read there is some priority for children in these situations. Thank you for the information.

Why was your niece not included in her mothers petition? Typically the child becomes a USC when her mother did because she was under 18. Because she never gained a GC though (from your post) then she didn't get citizenship when her mother did. However once she gets LPR status (her mother should petition for her to make it quicker) then she should immediately be eligible for USC. See here; http://www.cuny.edu/about/resources/citizenship/us-citizenship/CitizenshipforChildren/Nats_Chart_C-09.pdf

This topic is not in the wrong spot because this is a question about the OP's niece adjusting from her B2 visa (i.e. AOS from a visitor visa). it is where it is supposed to be. For future reference though, when you notice something you feel is in the wrong spot click the report button to have a moderator move it. The OP wouldn't start a new topic, it would be moved to the right spot... BUT as stated, this doesn't aply to this post as it's an AOS qn

[VanessaTony 3,567]

Unfortunately she was not included because my older sister is careless. The i-94 is missing because she removed it years ago to start the paperwork but never finished it and lost everything. It's really upsetting that this had to happen to my niece..... I apologize for my ignorance but by "LPR" I assume you mean Legal Permanent Residence. I am filing the i-485 and i-130 (on behalf of her mother) together so hopefully the process is faster. I read there is some priority for children in these situations. Thank you for the information.

Well the thing is, you can't file for your niece. You could file for a visa for your sister, but you can't file for your niece. Here is the visa bulletin that lists available family visa types: http://www.travel.state.gov/visa/bulletin/bulletin_5759.html you'll see there's no category for you.

Your sister needs to do it. You can be a co-sponsor if required (for the financial documents) but she needs to be the petitioner of the I-130 and the primary sponsor of the I-485 (submits the I-864).

She could file for a copy of her i-94 (that costs money). It won't be quicker because you're involved, and I doubt there's an special treatment but maybe there's something i'm missing.

I suggest you and your niece see an immigration attorney to really know where your niece stands.

Edited September 29, 2012 by Vanessa&Tony

[Newbie608 103]

Vanessa&Tony, the OP clearly stated that she is filling the forms for her niece on behalf of her nieces mother who is a US Citizen.

Op, you can fill out forms I-130, I-485 and I-765 if she hope to get work authorization document. Since she's under 21, She would get her GC in 2-6 months because she's an immediate relative of a USC. I would suggest file for a replacement of I-94 and include the receipt in the AOS packet and maybe write a letter stating that its lost and you have filed for a replacement. Don't forget the I-864,I-693 and G-325A forms as well.

Good luck with everything....

Edited September 29, 2012 by Newbie608

[Harpa Timsah 13,258]

Does your niece have a stamp in her passport? She could use that to prove legal entry. The I-94 isn't required, strictly speaking, but it is up to you to prove legal entry.

[AnotherLostSoul 167]

Sorry New, Vanessa is right, I misinterpreted your message, it does belong here. Sorry, sorry. All the best to your niece!

[VanessaTony 3,567]

Vanessa&Tony, the OP clearly stated that she is filling the forms for her niece on behalf of her nieces mother who is a US Citizen.

Op, you can fill out forms I-130, I-485 and I-765 if she hope to get work authorization document. Since she's under 21, She would get her GC in 2-6 months because she's an immediate relative of a USC. I would suggest file for a replacement of I-94 and include the receipt in the AOS packet and maybe write a letter stating that its lost and you have filed for a replacement. Don't forget the I-864,I-693 and G-325A forms as well.

Good luck with everything....

Actually the OP "clearly stated" that she was FILING (notice one 'L') the forms for her niece, not "filling" (notice 2 L's) which are 2 very different things (see quote below).

I am filing the i-485 and i-130 (on behalf of her mother) together so hopefully the process is faster. I read there is some priority for children in these situations. Thank you for the information.

The OP CANNOT "file" the forms for her niece, but she can help her complete the forms. She CAN also complete an i-864 herself to file as a co-sponsor. However, the mother must be the one to "file" the I-130, and the niece is the AOS applicant so is the one to "file" the I-485 (and supporting documents) with a completed I-864 by her mother. The OP can also pay to file the documents, can help get documents together, put them in an envelope etc but technically she isn't actually "filing" anything, she is helping to complete forms, and she's paying.

Terminology is important so people don't get the wrong idea so I have used the word "complete" instead of "filling". It's important to make the distinction so other readers don't get the wrong idea. The OP is being very good to her niece by assisting her and by helping her sister (the nieces mother) to get status for her daughter. It's very admirable.

[Brother Hesekiel 2,236]

The omission of the daughter back then is unfortunate, for her. However, since your niece entered the United States with inspection and can prove this, she's eligible for AoS by filing the following forms:

I-130 (Petition for an alien relative),

I-485 (AoS),

I-864 (Affidavit of Support),

2 x G-325a (biographic info for mom an niece),

I-693 (the medical),

I-765 (work permit—EAD).

The latter one is optional but FREE when submitted concurrently with the other forms , which is what needs to be done anyway, so there's no reason not to file it.

Also needed is a check for $1,490. Personal check is okay and preferred as it allows to trace when it was “cashed.”

After about 10 to 12 weeks your niece will receive a plastic card which is the work permit (EAD). At about the 3 to 5 month mark, she'll have the interview. Thereafter she will receive her Green Card.

The burden of proof when, how, and where she entered is on the beneficiary, which would be your niece. However, and here I agree with Harpa Timsah, the entry stamp in her passport should suffice for that. Worst case scenario is that the I.O. insists on the I-94, which is when you waste money on the I-102, not earlier.

[Sediman 0]

Yes, she has a stamp.

Does your niece have a stamp in her passport? She could use that to prove legal entry. The I-94 isn't required, strictly speaking, but it is up to you to prove legal entry.

[Sediman 0]

Yes, you are correct. I meant completing the forms and paying but not actually filing the paperwork.

Actually the OP "clearly stated" that she was FILING (notice one 'L') the forms for her niece, not "filling" (notice 2 L's) which are 2 very different things (see quote below).

The OP CANNOT "file" the forms for her niece, but she can help her complete the forms. She CAN also complete an i-864 herself to file as a co-sponsor. However, the mother must be the one to "file" the I-130, and the niece is the AOS applicant so is the one to "file" the I-485 (and supporting documents) with a completed I-864 by her mother. The OP can also pay to file the documents, can help get documents together, put them in an envelope etc but technically she isn't actually "filing" anything, she is helping to complete forms, and she's paying.

Terminology is important so people don't get the wrong idea so I have used the word "complete" instead of "filling". It's important to make the distinction so other readers don't get the wrong idea. The OP is being very good to her niece by assisting her and by helping her sister (the nieces mother) to get status for her daughter. It's very admirable.

[Sediman 0]

Np. Thanks

Sorry New, Vanessa is right, I misinterpreted your message, it does belong here. Sorry, sorry. All the best to your niece!