Help! expired CR2 Visa

[Lightz 0]

Hello all,

I'm a green card holder - soon to have the conditions removed as the 2 year condition is coming to an end. I came over on a CR1 Visa. At the time of applying for my visa, me and my husband also applied for a CR2 visa for my daughter (my husbands stepdaughter) which was approved. However, at the time, she could not emigrate to the States with me and ended up staying with her father (my ex) back in the UK and her visa expired (as its only valid for 6 months).

The visa has been expired for over a year now but she recently came over to the states to visit me as a visitor (through the visa waiver program). However since her visit here, her father has now stated that she stay with me here in the states for good and not return back to the UK.

So basically... what steps should I take next in order to start the process for her to become a resident/citizen here? Ive already enrolled her in school etc but obviously need to sort out her status in the country for future travel purposes etc.

Do we need to apply for a CR2 visa all over again even though she is in the country?

Also does the fact that she was once approved for and given a CR2 Visa make any difference towards giving her a green card quickly... instead of going through the long one year process like last time? I have all the paperwork from the application from last time (USCIS's, NVC's, etc) as well as the expired visa glued onto her passport as proof.

surely they can just check the case number and see its history?

Any help would be very much appreciated!!

[teeak 224]

Hmm, is your husband a USC? Did you get married before your daughter turned 18? If so, then he can petition for her as a stepdaughter by filing an I-130 and I-485 so she can adjust status while remaining in the US.

As the child of a USC, she won't need to wait for a visa number.

I'm not too sure if she can renew her expired visa though since a visa is used to enter the US, but your daughter is already here. I'm also confused as to how the CBP didn't see her expired visa and question it... maybe consult with an immigration attorney (a lot of them provide free consultations) or ask a question on avvo.com

[Lightz 0]

Thank you for the reply,

yes my husband is a USC and my daughter is under the age of 18.

So basically I cant do anything from my side yet as I am only a PR? It has to come from my husband as he is the USC?

Thank you so much for the avvo link. I will check it out

[teeak 224]

Well, if you petition as an LPR, then it's a 1.5-2 year wait for another visa to become available. But, as a child of a USC, there's no cap on the visa limit and she'll be immediately eligible for one.

I think adjusting status may be the best route here.

Edited October 2, 2015 by teeak