permanent resident applying for a child who is out of status

[lipslikesugar 0]

If the child has an F-1 visa,but is out of status, what will happen during his/hers I-130 application process? The mother is a permanent resident.

Both mom and child are in U.S.

Edited January 8, 2007 by lipslikesugar

[Boiler 45,535]

Nothing special will happen during the 1-130 process.

How old is the child, how long is the overstay.

[lipslikesugar 0]

If the child has an F-1 visa,but is out of status, what will happen during his/hers I-130 application process? The mother is a permanent resident.

Both mom and child are in U.S.

the child is now 12-years-old. The overstay is 2 months.

thank you

[Boiler 45,535]

If the child has an F-1 visa,but is out of status, what will happen during his/hers I-130 application process? The mother is a permanent resident.

Both mom and child are in U.S.

the child is now 12-years-old. The overstay is 2 months.

thank you

Well 2A takes 5 to 7 years give or take.

Illegal presence does not accrue until the child hits 18.

F-1 are usually issued for duration of status, and as a 12 year old would presumably be still at school, not sure how the child could be out of status.

But assuming current processing times, rules etc the child would go back for the consulate interview prior to having incurred a ban.

Obviously the child is deportable if the child comes to the attention of the authorities.

I may have missed something, might be worth passing by a Lawyer.

[lipslikesugar 0]

If the child has an F-1 visa,but is out of status, what will happen during his/hers I-130 application process? The mother is a permanent resident.

Both mom and child are in U.S.

the child is now 12-years-old. The overstay is 2 months.

thank you

What "2A takes 5 to 7 years give or take" means??

The child is out of status because is not attending the authorized school. It didn't work out

What can we do

[Boiler 45,535]

If the child has an F-1 visa,but is out of status, what will happen during his/hers I-130 application process? The mother is a permanent resident.

Both mom and child are in U.S.

the child is now 12-years-old. The overstay is 2 months.

thank you

What "2A takes 5 to 7 years give or take" means??

The child is out of status because is not attending the authorized school. It didn't work out

What can we do

I presume a F1 can be transferred, do not know, look for a new school and speak to their International Student Advisor.

2A is the Visa Category. How long for a Visa number to become available.

[lipslikesugar 0]

Ok.

Thanks for your help.

My next question is simple: can a out of status child still be elegible for a green card?

[Boiler 45,535]

Ok.

Thanks for your help.

My next question is simple: can a out of status child still be elegible for a green card?

Yes