Bringing Step Daughter to the US

[Bronxnyc 33]

2 minutes ago, KierenHby said:

Must not be easy leaving a 5-yr old behind

Yes it is never easy. But it gives me comfort knowing that she can visit because she has non immigrant visa. When my husband was putting in my paperwork we didn't have the funds to do her own as well. But now because of so much family drama back home we want to start her process

Edited April 11, 2017 by Bronxnyc

[Dre876 41]

41 minutes ago, Bronxnyc said:

Yes it is never easy. But it gives me comfort knowing that she can visit because she has non immigrant visa. When my husband was putting in my paperwork we didn't have the funds to do her own as well. But now because of so much family drama back home we want to start her process

I'm a Jamaican being filed for by my stepparent. I can tell you what the process is like if you'd like. 

[Bronxnyc 33]

11 minutes ago, Dre876 said:

I'm a Jamaican being filed for by my stepparent. I can tell you what the process is like if you'd like. 

Please do I would appreciate it.

[Lenchick 133]

6 minutes ago, Bronxnyc said:

Please do I would appreciate it.

if she has a biological father and he is on her birth certificate, you need to make sure he gives for her permission to immigrate, otherwise there is no sense to start the process. If you have a sole legal custody It will work too.

[Bronxnyc 33]

2 hours ago, Lenchick said:

if she has a biological father and he is on her birth certificate, you need to make sure he gives for her permission to immigrate, otherwise there is no sense to start the process. If you have a sole legal custody It will work too.

Ok thanks for that information

[ConOfficer 167]

Aside from the fraud issues mentioned. you may want to read some of the many stories about CBP officers stepping up enforcement (appropriately or inappropriately) at points of entry. Who is your daughter going to fly with? If she travels with you - an LPR who just recently adjusted status from their tourist visa - a CBP officer is going to have a lot of questions about your intentions. Do you want your 6 year old to experience being deported? 

 

It seems much more straightforward to just file the I-130 for her and pursue consular processing. Nothing wrong with her coming to stay with you while you wait for her case to get through USCIS. 

[KierenHby 899]

Should be just an August visit on a B2, with consular processing in the kid's home country down the road. 

[sasha8384 7]

8 hours ago, Bronxnyc said:

A pleasant good day filers. Not sure who can give me an insight but I need some advise. My husband filed my petition last year November and my aos and i130 is still pending. My daughter however lives in Jamaica and we want to start her process when she comes in August to visit. 

 

Can my husband file for her while my case is pending when she comes

Hi I am also filing for my daughter ....I did ask the very Sam question about doing here cause I wanted to enroll her in school here in september. ...but being scared that she might get deport I will just have to let her wait it

out 

[lilsweetie 32]

Ditto what everyone else said. Apply ASAP right now for her!

[Russ&Caro 1,549]

13 hours ago, ConOfficer said:

Aside from the fraud issues mentioned. you may want to read some of the many stories about CBP officers stepping up enforcement (appropriately or inappropriately) at points of entry. Who is your daughter going to fly with? If she travels with you - an LPR who just recently adjusted status from their tourist visa - a CBP officer is going to have a lot of questions about your intentions. Do you want your 6 year old to experience being deported?

 

"Deported" is alarmist and incorrect terminology. The OP would risk having her daughter denied entry - not the same thing as deported.

[Transborderwife 4,666]

15 minutes ago, Russ&Caro said:

"Deported" is alarmist and incorrect terminology. The OP would risk having her daughter denied entry - not the same thing as deported.

An expedited removal is possible 

[Esperanza82 37]

I am also petitioning for my step-daughter.  I sent the I-130 on April 6, 2017. 

[f f 725]

now that an application has been submitted cbp have proof of immigrant intent which can be over come and a refused entry on those grounds is not a problem for getting the cr1 later.

[mrtravel 40]

19 hours ago, Bronxnyc said:

Yes it is never easy. But it gives me comfort knowing that she can visit because she has non immigrant visa. When my husband was putting in my paperwork we didn't have the funds to do her own as well. But now because of so much family drama back home we want to start her process

 That might be a problem, since her mother lives in the US, entered on a visa and filed for AOS.
Having a B2 doesn't mean CBP will let her enter the country.  She will be refused entry if the believe she has more of a reason to stay in the US than to go back to her home country.  For example, one reason they might let someone get a visa and enter the US is if their only child remains behind. Of course, the more people enter the US like this and leave the child behind, and do not return to the home country, the more likely it is that other will be prevented from come to the US on a tourist visa.   My recommendation is to follow the standard process.   As a permanent resident you can sponsor a child, BUT........it will be much faster for your husband to do it as a citizen, as there are no waiting list, due to numerical restrictions,  for US Citizens to sponsor a minor child.

[candybabe 46]

21 hours ago, Bronxnyc said:

A pleasant good day filers. Not sure who can give me an insight but I need some advise. My husband filed my petition last year November and my aos and i130 is still pending. My daughter however lives in Jamaica and we want to start her process when she comes in August to visit. 

 

Can my husband file for her while my case is pending when she comes

Your 6 year old daughter should have been included on your I-130 as your biological child and his stepchild - Did you not include her ?

 

Also, if you didn't list her, I would think you need your own I-130 being approved before you can consider the benefit for your daughter. Applying for Adjustment of Status does not mean you have been granted the benefit. The change in status will only be approved at the interview when both you and your husband will attend and prove that it is a bona fide marriage.

 

I am not an immigration lawyer / specialist.