CR6 petition for adult daughter in US with expired B2 [merged threads]

[Boiler 45,486]

1 hour ago, Juaco said:

Thanks for all your help and quick response. Just to clarify her USA visa is not expired. She only overstayed her tourist entry (over 6 month). 

She needs to head back asap and before she has a one year overstay  as then she will have a 10 year ban 

[Crazy Cat 41,845]

4 hours ago, Juaco said:

Thanks for all your help and quick response. Just to clarify her USA visa is not expired. She only overstayed her tourist entry (over 6 month). 

Just to clarify, her visa was voided the first minute she overstayed her I-94.  If she overstayed more than 6 months, she will incur a ban when she exits.  Best to leave as soon as possible.  She is deportable .   She has no option to stay and adjust status through you.  The terms of service for VJ prohibit any form of giving advice which violates US immigration law. 

Edited December 17, 2021 by Crazy Cat

[SalishSea 17,827]

4 hours ago, Juaco said:

Thanks for all your help and quick response. Just to clarify her USA visa is not expired. She only overstayed her tourist entry (over 6 month). 

That ship has sailed and her B visa will be cancelled without prejudice.

 

Too bad you decided to try to go about it this way.  You've now make things much more complicated and lengthy for her.

[HRQX 4,145]

On 12/16/2021 at 5:52 AM, Juaco said:

Some say she needs to go back to Colombia and the US embassy there will determine when could she return.

Interviewing at the Embassy in Bogota is her only option for the F2B process. Also, it'll take many years** for her Priority Date to become current; for F2B process she'll have to remain unmarried until either she enters the US with the Immigrant Visa or the LPR petitioner naturalizes (so that the F2B converts to F1). The I-130 approval notice will say: "The approval of this visa petition does not in itself grant any immigration status and does not guarantee that the alien beneficiary will subsequently be found to be eligible for a visa, for admission to the United States, or for an extension, change, or adjustment of status."

On 2/18/2021 at 10:43 AM, Juaco said:

Her expired tourist is now 3 years old.

If you meant that the I-94 expiration date is now past 3 years then she'll have a 10-year bar whenever she does leave the US. Thus she'll eventually need to file a waiver form (i.e. either I-601 or I-601A).

 

**When her Priority Date becomes current then the waiver form to be filed depends if she is still in the US at that time or not. If still in the US at that time it'll be Form I-601A (provisional waiver), https://www.uscis.gov/i-601a; if outside of the US at that time it'll be Form I-601, https://www.uscis.gov/i-601. Note that for Form I-601 the CO must first make the inadmissibility determination at the visa interview before the I-601 is filed: https://www.uscis.gov/i-601-addresses

 

In contrast, the I-601A provisional waiver is filed (and subsequently attend biometrics appointment in the US) before leaving the US: https://www.uscis.gov/family/family-of-us-citizens/provisional-unlawful-presence-waivers "process was developed to shorten the time that U.S. citizens and lawful permanent resident family members are separated from their relatives while those relatives are obtaining immigrant visas to become lawful permanent residents of the United States." "Even if your provisional unlawful presence waiver is approved, you are still required to depart the United States to process your immigrant visa at a U.S. Embassy or U.S. Consulate abroad. The approval of a provisional unlawful presence waiver does not make you eligible for adjustment of status in the United States."

Edited December 18, 2021 by HRQX

[Claudis927 5]

On 2/19/2021 at 12:26 PM, replaysports said:

You can not petition for a 26 year old child... must be under 21 and unmarried, since you are just a GC holder.

 

Regardless your child would have to go back to her country and not overstay her visitor visa else she would have lied to an immigration officer when she arrived here on her visa and then during future interview they would be denied based on lying.

 

This is incorrect. My mother is a GC holder and applied to get my sister here. It’s a F2B visa. My sister is 28. Yes she did waited 5 years but she finally have her interview at the end of this month in Colombia. Long process but possible