adjustment status from B1

[Jordandawg05 13]

Hi all,

I got a quick question for a friend of mine.

I have a friend who got their green card from their son. Their son was born in the US but parents aren't US citizens. They finally got their Green Card papers and moved to the US 2 weeks ago. This family also have a daughter who does not have a GC or any status and they are trying to see the best option for her. The family moved to the US two weeks ago since they got their GC and they brought the daughter with them. The daughter is 17 ( turning 18 soon) and entered the US on a tourist visa. That was the only way the daughter could enter and stay with her parents. since the parents are GC holders now, are they able to petition for the daughter? what is the best /fastest way for them to do so?

Thanks!

[Boiler 46,143]

The daughter can not stay with the parents, she can visit.

Parents can certain!y file for her, will take some time, she needs to make sure she leaves before her authorised status is up.

[Boiler 46,143]

I have asked that the thread be moved to the correct forum, b1 is for business presume you mean b2 not that it matters.

[Jordandawg05 13]

I have asked that the thread be moved to the correct forum, b1 is for business presume you mean b2 not that it matters.

yeah b2 , tourist visa ...sorry i get those confused.

[KayDeeCee 4,896]

~ Moved from AOS from Work, Student & Tourist Visas to Bringing Family Members of Permanent Residents to America ~

[aaron2020 11,651]

Hi all,

I got a quick question for a friend of mine.

I have a friend who got their green card from their son. Their son was born in the US but parents aren't US citizens. They finally got their Green Card papers and moved to the US 2 weeks ago. This family also have a daughter who does not have a GC or any status and they are trying to see the best option for her. The family moved to the US two weeks ago since they got their GC and they brought the daughter with them. The daughter is 17 ( turning 18 soon) and entered the US on a tourist visa. That was the only way the daughter could enter and stay with her parents. since the parents are GC holders now, are they able to petition for the daughter? what is the best /fastest way for them to do so?

Thanks!

Hi,

Best & only legal way - she goes home and her parents petition for her. It will take 2-3 years for a visa.

Worst - she stays in the US illegally. No chance to AOS with LPR parents. Stay illegal.

[Jordandawg05 13]

Hi,

Best & only legal way - she goes home and her parents petition for her. It will take 2-3 years for a visa.

Worst - she stays in the US illegally. No chance to AOS with LPR parents. Stay illegal.

is that because her parents are GC holders and once they file the I130 she has to wait for her visa number?

so pretty much , they can file and because the waiting period is long its going to exceed the 6 months visit and she's required to go back to her country in order to not violate her visa rules ( otherwise it'll jeopardize her immigration status later on

[apple21 953]

She has to go back. Once she turns 18 and her authorized stay is done, she'll start accruing illegal status which is not forgivable for relatives of GC holders.

[aaron2020 11,651]

is that because her parents are GC holders and once they file the I130 she has to wait for her visa number?

so pretty much , they can file and because the waiting period is long its going to exceed the 6 months visit and she's required to go back to her country in order to not violate her visa rules ( otherwise it'll jeopardize her immigration status later on

Yes.

[Cathi 5,794]

No she cannot adjust status, it isn't an option. She must go home before her authorized stay is up and her parents can file while she waits in her home country

[rinimina 7]

She entered the US as a tourist, so she cannot legally stay there as a 'soon-to-be permanent resident.' Her parents need to file for her, but she has to go back to her home country if she wants to be able to adjust her status one day. Don't let a small mistake like that mess up future plans and aspirations!

Best of luck!

[Jordandawg05 13]

She entered the US as a tourist, so she cannot legally stay there as a 'soon-to-be permanent resident.' Her parents need to file for her, but she has to go back to her home country if she wants to be able to adjust her status one day. Don't let a small mistake like that mess up future plans and aspirations!

Best of luck!

thank you all for the advise, this is what i had relayed to the family. she has to go back to her country and wait.

[Mrs Tams 5]

The bright side is if she has a multiple entry visitor's visa, she can still visit during the process. ~~~

[G_One 10]

There is one more option if the daughter is into studies she can go for a Student Visa (F1), continue her education by applying in the US Universities and do a Bachelors (BS) or whichever course applies to her.

Even though the Non-Immigrant F1 visas have good chances of rejection, people have to be prepared to lose the application and other fees money.

Edited February 25, 2015 by G_One

[aaron2020 11,651]

There is one more option if the daughter is into studies she can go for a Student Visa (F1), continue her education by applying in the US Universities and do a Bachelors (BS) or whichever course applies to her.

Even though the Non-Immigrant F1 visas have good chances of rejection, people have to be prepared to lose the application and other fees money.

Hi,

An F1 requires the applicant to show a home that she will return to after completing her studies.

Also, it's not cheap. Tuition will run around $20,000/year.

This is not really a path for most because of these two factors.