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

[Lil bear 4,217]

3 minutes ago, dieang said:

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

Some other categories are eligible for AOS as mentioned. Also if a beneficiary, in the same category as your sister in law was in the US legally when a visa became available , then they could go through AOS. But legal status must have been retained for the whole time the beneficiary is is the US 

Edited January 2, 2020 by Lil bear

[jcracked52 55]

You need to apply for waiver or wait for parent to become US citizen I believe. Consult an attorney ASAP.

[Liam2021 583]

2 minutes ago, dieang said:

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

This only apply to immediate relatives( spouse/parents/ child under 18) of U.S citizens since there no limit visa for this category.

[newbieimm 0]

8 minutes ago, SusieQQQ said:

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.

How long is this process after we get the appointment from the consulate back home?

[SusieQQQ 11,586]

Just now, dieang said:

How long is this process after we get the appointment from the consulate back home?

Depends on the consulate. She will need to do medicals in the home country too. 

[newbieimm 0]

4 minutes ago, jcracked52 said:

You need to apply for waiver or wait for parent to become US citizen I believe. Consult an attorney ASAP.

Do you have a link where I can read about the waiver?

[SusieQQQ 11,586]

5 minutes ago, jcracked52 said:

You need to apply for waiver or wait for parent to become US citizen I believe. Consult an attorney ASAP.

 

Just now, dieang said:

Do you have a link where I can read about the waiver?

I don’t think she needs a waiver. My understanding is that under 18s are not subject to overstay bans.

[jcracked52 55]

8 minutes ago, dieang said:

Do you have a link where I can read about the waiver?

Actually, as @SusieQQQ mentioned because beneficiary is minor, no waiver needed. 

[newbieimm 0]

1 minute ago, jcracked52 said:

Actually, as @SusieQQQ mentioned because beneficiary is minor, no waiver needed. 

Thank you! @susieQQQ and @jcracked52 Do you know how is the process with NVC? I am wonder if we can do everything and travel back with her and then come back in ~2/3 months do you think that is possible?

[newbieimm 0]

Also, I am having trouble understanding when a visa will be available for her based on the priority date. How do I interpreted the bulletin? Her priority date is 7/2018 and she is F2A what is the C means? That they already a visa for her? 

[geowrian 22,337]

4 minutes ago, dieang said:

Also, I am having trouble understanding when a visa will be available for her based on the priority date. How do I interpreted the bulletin? Her priority date is 7/2018 and she is F2A what is the C means? That they already a visa for her? 

C = Current. As of right now, there is no wait for the priority date to become current. That is expected to change in the coming months IIRC, but should not be an issue for her.

[newbieimm 0]

2 minutes ago, geowrian said:

C = Current. As of right now, there is no wait for the priority date to become current. That is expected to change in the coming months IIRC, but should not be an issue for her.

So that means that there is a visa for her already?

[jcracked52 55]

9 minutes ago, dieang said:

So that means that there is a visa for her already?

Right now yes, but as @geowrian mentioned, a priority date is expected to be established in coming few months. This should NOT be an issue since the priority date established should be around or after July 2018 so it should be current anyway.

[jcracked52 55]

Directly from Visa Bulletin for January 2020:

 

"

E.  FAMILY-SPONSORED PREFERENCE VISA AVAILABILITY IN THE COMING MONTHS

F2A:  In July this category was made “Current” in an effort to generate new demand for use under the annual limit.  Information received during discussions with the National Visa Center indicates that this action has finally begun to have the intended results.  Therefore, it is likely that a final action date will be imposed within the next few months.  This action is unlikely to have any negative impact on those who have already acted on their case in a timely manner prior to the announcement of the January final action dates."

[SusieQQQ 11,586]

Did I miss an answer to the question about public school?

there is a  chance, I don’t know if it’s big or small, that your family will be asked to repay the full unsubsidized cost of the school she attended in violation of her B status. 
obviously if she was at private school that’s fine.