I-130

[ms Taylor 0]

Hi all,

Am about to become a citizen by marriage, I have two daughters one is a LPR through my spouse because she was under 18yrs old when I filed but my other daughter was over 18yr therefore she did not qualify  and she is under DACA at the moment and unmarried. My question is once I become a citizen am I eligible to petition for her and if I do will she be required to leave the country while they adjust her status?  want to make sure I have all the details before I go ahead.

Thanks I advance

Ms Taylor

[geowrian 22,337]

Did she enter the country via a POE or did she cross the border without inspection?

Also, what is her age now?

Edited March 21, 2019 by geowrian

[ms Taylor 0]

 

8 hours ago, geowrian said:

Did she enter the country via a POE or did she cross the border without inspection?

Also, what is her age now?

she entered legally and was inspected at the age of 7yrs as an F-2 visa holder (dependant of an F-1) valid until the F-1 completed school. She is 25years .

[geowrian 22,337]

7 minutes ago, ms Taylor said:

she entered legally and was inspected at the age of 7yrs as an F-2 visa holder (dependant of an F-1) valid until the F-1 completed school. She is 25years .

Thanks for the info.

She cannot do AOS in the US from you due to her age. Her overstay is not ignored since she is no longer considered an immediate relative immigration-wise.

 

You can file an I-130 for her anytime. This would fall under F2B category. She must remain unmarried until she gets the visa and enters on it for F2B. ETA: ~7-10 years for most countries.

If you naturalize and she remain unmarried, the petition will be upgraded from F2B to F1. ETA: ~6-7 years for most countries.

If you naturalize and then she marries (she cannot marry before you naturalize!), then the petition will be changed from F1 to F3. ETA: ~15 years for most countries?

 

Upon exit from the US, if she has 180+ days of unlawful presence, then she will incur a 3 year bar upon exit. This grows to 10 years at 1 year of overstay.

Unlawful presence doesn't start until age 18. Unlawful presence doesn't accrue will covered by DACA either.

An I-601A waiver can be filed and approved before exit from the US to (provisionally) waive the 3/10 year bar, if applicable. If she has any other inadmissibility, then an I-601A doesn't apply and you need an I-601 after the interview abroad.

 

Recap:

• She can't do AOS via you.
  • Note that she can do AOS if she had an immediate relative petition her (spouse or 21+ aged child). Not an immediate solution, but it is something to note.
• Assuming you naturalize in the next ~6-7 years, the process will take ~6-7 years or so before she can interview abroad.
• An I-601A will be needed to waive the unlawful presence bar (unless covered by DACA before she turned 18.5 years old through now).