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Filed: Other Country: Jamaica
Timeline
Posted

Hi there everyone,I am a holder of a 2yr conditional green card and the mother of a 20yr old daughter ,my daughter is already in the usa she entered on a b1/b2 visa,she's already out of status will i be able to petition for her..i got married after she turned 18...if i can petition for her can i start now,or wait until the removal of conditional gc..i await your helpful responses and thanks a million in advance.

Filed: Citizen (apr) Country: Nigeria
Timeline
Posted

You can petition her now but there is a multi year wait for a visa number . If you get citizenship you can change classes. Either way it will end up being petitioning an adult child. The wait will be about 8 years and your daughter would be deportable all that time and laws could change to make matters worse. It might be better for her to leave is she is only slightly over her date.

This will not be over quickly. You will not enjoy this.

Filed: Timeline
Posted (edited)

Do not allow her to leave until you have consulted an atty. if she

has no kids or spouse in Jamaica she can wait out the time, just be prepared

to help with her finances, don't allow her to drive, travel from state to state,

and stay out of trouble since she already is out of status.File her petition the

minute U can.

Edited by Jawaree
Filed: IR-1/CR-1 Visa Country: Nigeria
Timeline
Posted

In what situation is overstay forgiven for immediate relatives then? Does it not apply to this case if a petition is sent in ASAP?

GOD has been WONDERFUL!!!
CR-1 (for Husband):
09/15/2012: Got Married
09/26/2012: Mailed I-130 from Nigeria( delayed by customs)
USCIS stage ( 66 days)
10/12/2012: NOA 1
12/17/2012: NOA 2 (case was transferred to NYC office 11/27/12)
NVC stage ( 20 days)
01/08/2013: Case # and IIN assigned ( file arrived NVC mail room 12/20/12)
01/09/2013: AOS invoiced and paid, DS-3032 emailed and mailed.
01/16/2013: IV invoiced &paid. AOS & IV mailed in one package(arrived 01/18).

01/28/2013: Case complete!!!
04/19/2013: Interview; APPROVED!!!!!
05/13/2013: POE; JFK


N-400: (3 months and 12 days)
Filed N-400 : 2011-06-17
Interview: 2011-09-27
Oath Ceremony: 2011-09-30

IR-5 for Mom Entire process took 5 months exactly
USCIS (22days)

mailed I-130 : 2011-09-30
NOA 1: 2011-10-03 (text & email)
NOA 2: 2011-10-25 (text and email)
NVC: (19 days)
Case entered and # assigned: 2011-11-18
NVC Case COMPLETED: 2011-12-07 ( 43 days from NOA 2 and 65 days from NOA 1)
Interview Date(Lagos): 2012-01- 23
Mom was late for interview
New Interview date: 2012-02-29 : VISA APPROVED

Filed: Country: Vietnam (no flag)
Timeline
Posted (edited)

Overstay is forgiven for Immediate Relatives of US citizens.

The 20 years old will NEVER qualify as an Immediate Relative. She will not be an under 21 years old child of a US citizen.

By the time mother becomes a US citizen, the daughter will be over 21 and not be considered an Immediate Relative.

The advice that the daughter stays is horrible. There is no lawful way for her overstay to be forgiven. The only exception is marriage to a US citizen.

------

To mother-daughter,

It does not matter if you file now or after ROC, your daughter's overstay will not be forgiven.

How long has she overstayed?

Your daugher will not benefit from any petition you file as long as she stays in the US illegally. You will be throwing away a legal way for her to immigrate in 8 years for a life of being an illegal in the US. Send her back home. That is the best thing to do if you want a legal way for her to immigrate.

Edited by aaron2020
Filed: Country: Vietnam (no flag)
Timeline
Posted

Do not allow her to leave until you have consulted an atty. if she

has no kids or spouse in Jamaica she can wait out the time, just be prepared

to help with her finances, don't allow her to drive, travel from state to state,

and stay out of trouble since she already is out of status.File her petition the

minute U can.

This is horrible advice. "Wait out her time." Why? How will she she adjust without her overstay being forgiven?

Filed: K-1 Visa Country: Wales
Timeline
Posted

Yup

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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