Underage dependant process

[Boiler 45,525]

A quick perusal of the ToS may be in order.

 

The simple answer is yes you can file for her and yes you will need the Fathers permission, historically it has taken 2 years or so, has been quicker of later but now with Covid who knows.

[aaron2020 11,651]

2 hours ago, Luna B said:

I am a green card holder. My daughter is 16. She's in distress - this is an emergency situation.

 

What are my opinions? How long can she legally come be with me as a visitor to the US? Can I apply for her to stay if she is here with me and chooses to do so?

 

Hi,

 

The quickest option is for her USC stepparent to file an I-130 to petition for her.  The process will take 12-18 months for an immigration visa.

 

She can come to visit.

 

She can not come with the intent to immigrate and stay here.  

 

Sorry that this is not the answer you want, but it's the only legal way.

 

 

[SusieQQQ 11,586]

Just now, aaron2020 said:

Hi,

 

The quickest option is for her USC stepparent to file an I-130 to petition for her.  The process will take 12-18 months for an immigration visa.

 

She can come to visit.

 

She can not come with the intent to immigrate and stay here.  

 

Sorry that this is not the answer you want, but it's the only legal way.

 

 

I suggested stepparent file above but I think it may have gotten lost in the discussion. 
Can’t they get humanitarian expedite if they can prove the things that OP is so scared about?

[aaron2020 11,651]

7 minutes ago, SusieQQQ said:

I suggested stepparent file above but I think it may have gotten lost in the discussion. 
Can’t they get humanitarian expedite if they can prove the things that OP is so scared about?

OP has not disclosed what the emergency situation is, so it's impossible to speculate on an expedite.  

[Luna B 1]

 

7 minutes ago, aaron2020 said:

Hi,

 

The quickest option is for her USC stepparent to file an I-130 to petition for her.  The process will take 12-18 months for an immigration visa.

 

She can come to visit.

 

She can not come with the intent to immigrate and stay here.  

 

Sorry that this is not the answer you want, but it's the only legal way.

 

 

Hi aaron2020, thank you for the clear answer, I appreciate it. No, it may not be the answer I want, but I want to do things legally, the same way I did for myself when I moved here! I had a friend who married while here in the US and applied for her green card while here so I was hoping that I might be able to do something similar for my daughter, but that's fair enough. It is not the same situation. I have an appointment with an immigration lawyer so I will talk to them too! Thanks again!

[aaron2020 11,651]

Just now, Luna B said:

 

Hi aaron2020, thank you for the clear answer, I appreciate it. No, it may not be the answer I want, but I want to do things legally, the same way I did for myself when I moved here! I had a friend who married while here in the US and applied for her green card while here so I was hoping that I might be able to do something similar for my daughter, but that's fair enough. It is not the same situation. I have an appointment with an immigration lawyer so I will talk to them too! Thanks again!

It's one thing to be in the US and have a change in circumstances and adjust status.  The person may not have had the intent to immigrate when entering the US.

Your daughter's situation is different since she is currently outside the US and you want her to immigrate to the US.  It's illegal for her to enter the US on a non-immigrant basis with the intent to immigrate.  

[Luna B 1]

Just now, aaron2020 said:

It's one thing to be in the US and have a change in circumstances and adjust status.  The person may not have had the intent to immigrate when entering the US.

Your daughter's situation is different since she is currently outside the US and you want her to immigrate to the US.  It's illegal for her to enter the US on a non-immigrant basis with the intent to immigrate.  

Thank you aaron2020! You've been very helpful!

[JFH 12,190]

1 hour ago, Luna B said:

 

Hi aaron2020, thank you for the clear answer, I appreciate it. No, it may not be the answer I want, but I want to do things legally, the same way I did for myself when I moved here! I had a friend who married while here in the US and applied for her green card while here so I was hoping that I might be able to do something similar for my daughter, but that's fair enough. It is not the same situation. I have an appointment with an immigration lawyer so I will talk to them too! Thanks again!

She may have had an L-1 or another dual intent visa. It’s irrelevant. 
 

She can visit but not by land, only by air at the moment due to COVID-19. 
 

You can go to be with her. That would be the fastest thing since immigration is going to take the best part of 18 months unless you can be approved for an expedite on humanitarian grounds. I wouldn’t get your hopes up about a humanitarian expedite. People have asked for this for spouses and children caught in the crossfire of the civil war in Syria and been unsuccessful. In the meantime, her safety is the most important factor. I am sure there are organizations who can provide temporary help/housing/finance/medical care etc until you find a permanent solution. 

[millefleur 5,046]

**One post removed for telling other members not to post, which is a violation of the VJ Terms of Service. Please abide by the TOS or administrative action will be taken**

 

VJ Moderation