LPR CHILD UNDER 21 (15 years old)..F2A..Priority date 7/2018

[newbieimm 0]

Hello dear VJ users! First at all, Happy holidays and Thank you all for the valuable information for all of us!

 

My mother in law (LPR) filled I30 for my sister in law (15 years old), we got the approved I-130 last month, priority date 7/19/2018

 

I-797 | Notice of Action
"Notice Type: Approval notice, section Unmarried child under 21 of permanent resident, 203(a)(2(A) INA" 

My sister in law is already in the united states and the the letter mentioned that. We are a little confused by this comment in the letter "The evidence indicates that he or she may not be eligible to file an adjustment of status application" so because of that they sent the approved petition to NVC, we got a letter from NVC with some login and password to access an account online, and they want us to pay some fees and schedule an interview in the consulate of the home country.

Does anyone can give us a light in what should we do?

Based on this guide: https://www.visajourney.com/guides/us-immigration-for-children/

we are already in step 2.

 

Overview of Immigration Process

A legal immigrant (or 'lawful permanent resident') is a foreign national who has been granted the privilege of living and working permanently in the United States. There is a three-step process for your child or son or daughter to become a legal immigrant.

1. You must obtain USCIS approval of an immigrant visa petition that you file for your child, son or daughter.

2. The State Department must then give your son or daughter an immigrant visa number, even if he or she is already in the United States. If you are a U.S. citizen and the child is both under 21 years of age and unmarried, a visa number is not required.

3. If your child or son or daughter is outside the United States, he or she will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa when one becomes available. If your child or son or daughter is legally in the U.S. when an immigrant visa number becomes available (or if one is not required), he or she may apply to adjust status to that of a lawful permanent resident using the Form I-485.

 

Thanks everyone, any help will be appreciate it.
 

[Lil bear 4,217]

8 minutes ago, dieang said:

Hello dear VJ users! First at all, Happy holidays and Thank you all for the valuable information for all of us!

 

My mother in law (LPR) filled I30 for my sister in law (15 years old), we got the approved I-130 last month, priority date 7/19/2018

 

I-797 | Notice of Action
"Notice Type: Approval notice, section Unmarried child under 21 of permanent resident, 203(a)(2(A) INA" 

My sister in law is already in the united states and the the letter mentioned that. We are a little confused by this comment in the letter "The evidence indicates that he or she may not be eligible to file an adjustment of status application" so because of that they sent the approved petition to NVC, we got a letter from NVC with some login and password to access an account online, and they want us to pay some fees and schedule an interview in the consulate of the home country.

Does anyone can give us a light in what should we do?

Based on this guide: https://www.visajourney.com/guides/us-immigration-for-children/

we are already in step 2.

 

Overview of Immigration Process

A legal immigrant (or 'lawful permanent resident') is a foreign national who has been granted the privilege of living and working permanently in the United States. There is a three-step process for your child or son or daughter to become a legal immigrant.

1. You must obtain USCIS approval of an immigrant visa petition that you file for your child, son or daughter.

2. The State Department must then give your son or daughter an immigrant visa number, even if he or she is already in the United States. If you are a U.S. citizen and the child is both under 21 years of age and unmarried, a visa number is not required.

3. If your child or son or daughter is outside the United States, he or she will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa when one becomes available. If your child or son or daughter is legally in the U.S. when an immigrant visa number becomes available (or if one is not required), he or she may apply to adjust status to that of a lawful permanent resident using the Form I-485.

 

Thanks everyone, any help will be appreciate it.
 

On what basis is she in the US... what visa did she enter on and when ? 

[newbieimm 0]

 

8 minutes ago, Lil bear said:

On what basis is she in the US... what visa did she enter on and when ? 

She entered legally to US with a tourist visa B2, 2 years ago.

Edited January 2, 2020 by dieang

[SusieQQQ 11,586]

1 minute ago, dieang said:

She entered legally to US with a tourist visa B2, 2 years ago.

She’s out of status. She cannot adjust. 

Edited January 2, 2020 by SusieQQQ

[SusieQQQ 11,586]

Has she been attending public school while on B status by the way?

[Lil bear 4,217]

2 minutes ago, dieang said:

She entered legally to US with a tourist visa B2, 2 years ago.

She entered legally to US with a tourist visa B2, 2 years ago.

As stated above .. she is out of status and cannot adjust status. Will not work. And lots of possible  consequences to having overstayed 😞

Edited January 2, 2020 by Lil bear

[newbieimm 0]

1 minute ago, SusieQQQ said:

She’s out of status. She cannot adjust. 

mmm really? so what should we do?

[Lil bear 4,217]

Just now, dieang said:

mmm really? so what should we do?

She should return  to her home country and wait out the process ..  as others do 

[SusieQQQ 11,586]

1 minute ago, dieang said:

mmm really? so what should we do?

She’ll have to go back home and get her visa through consular processing. Luckily for you she is a minor and so should not be subject to the ten year ban she would otherwise be subject to.

[newbieimm 0]

2 minutes ago, Lil bear said:

As stated above .. she is out of status and cannot adjust status. Will not work. And lots of possible  consequences to having overstayed 😞

So why the guide mentioned that is possible in step 3?

[SusieQQQ 11,586]

Just now, dieang said:

So why the guide mentioned that is possible in step 3?

What guide?

[newbieimm 0]

Just now, SusieQQQ said:

What guide?

the one in my post. https://www.visajourney.com/guides/us-immigration-for-children/

[jcracked52 55]

Some people can adjust from being out of status such as immediate relatives of US citizens and those who are 245i eligible. Does not seem to be the case with the info you provided. 

[SusieQQQ 11,586]

3 minutes ago, dieang said:

the one in my post. https://www.visajourney.com/guides/us-immigration-for-children/

Step 3 says “If your child or son or daughter is legally in the U.S”

She is not here legally, because she is out of status. You confused entering legally with remaining in status (that is, staying legal). She became illegal the day after her i94 authorized stay expired. 
 

 

Edited January 2, 2020 by SusieQQQ

[jcracked52 55]

9 minutes ago, dieang said:

the one in my post. https://www.visajourney.com/guides/us-immigration-for-children/

#3 says those who are "legally" here. The beneficiary seems to be out of status if they entered on visitor visa and overstayed.