Question about daughter over 21 (Split)

[elizabethbrawner 0]

I have the same question, but my situation is about my daughter who is single and over 21. She is alone in Chile, living in the house I have and I left there. She is studying, but the pandemic and social situation there have been stressing for both of us. When I came to the US my husband couldn't petition her due to her age. I came here in 2020 and my situation is still in the process of removing condition on my GC. I am a permanent resident but the process of condition remotion has been delayed due to pandemic, so they extended my GC for 2 years more. I have read that If I want to fill the I-130 for my daughter I have to be  a permanent resident for 5 years at least (I do not if it is true, I hope someone here can help me with that). I would like to know If I can fill for her the I-130 and adjust her status at the same time, considering that she was admitted under the ESTA program.
I do not want she to go back, it looks like the situation there is getting worse due to violence and crime.The other issue is that chilean are being obligated to be vaccinated. She is getting the shots just because she wants to see me every year. Last year she received the third shot and the government there seems to be straight to the 4th dose. I hope they change their mind, but I feel that she is being murdered. I agreed with vaccination but third and fourth doses is too much. I am afriad for her safety.

I'd appreciate if you could help me with my situation

[Rocio0010 5,579]

35 minutes ago, elizabethbrawner said:

the process of condition remotion has been delayed due to pandemic, so they extended my GC for 2 years more.

Can you elaborate? This doesn’t sound right…

[elizabethbrawner 0]

2 minutes ago, Rocio0010 said:

Can you elaborate? This doesn’t sound right…

I meant, the removal of my condition...

[elizabethbrawner 0]

Sorry, I sent it and I didn’t complete the message. What I meant, is that the process for removing my conditional situation is delayed. USCIS notified me about this extension and It is for 24 months more, nevertheless the I-751 is still in process. The biometric was done some weeks ago, but I am still waiting for the interview. 
thank you

[Unlockable 7,314]

*Posts split from other thread. Please do not ask your question in other member's threads.

 

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[carmel34 3,626]

6 hours ago, elizabethbrawner said:

I would like to know If I can fill for her the I-130 and adjust her status at the same time, considering that she was admitted under the ESTA program.

Don't do this.  It is immigration fraud to enter on ESTA with the intent to stay in the US and adjust status.  File the I-130 petition for her.  She will wait in line like everyone else.  As an LPR filing for a daughter over 21, assuming she stays single, the wait will be 6 or 7 years for F2B category.  If you become a naturalized US citizen during that time, you can upgrade the case to F1 as that will reduce the wait time.  She can visit you in the US during the wait, for short periods of time and then return to Chile, but entry to the US is at the discretion of CBP.  Good luck!

Edited February 6, 2022 by carmel34

[Rocio0010 5,579]

Did you list her as your daughter when you filled out your immigration forms?

[Dashinka 24,493]

I agree with the others, file the i130, then when the window for your N400 naturalization opens up, files that application.  Have her visit when possible, but forget about her coming on ESTA and adjusting as that would be fraud.  One other thing to keep, in mind, if she were to marry prior to the F2B/F1 process concluding it would move her to F3 and she would have to wait longer. 

 

Good Luck!

Edited February 6, 2022 by Dashinka

[Dashinka 24,493]

50 minutes ago, carmel34 said:

Don't do this.  It is immigration fraud to enter on ESTA with the intent to stay in the US and adjust status.  File the I-130 petition for her.  She will wait in line like everyone else.  As an LPR filing for a daughter over 21, assuming she stays single, the wait will be 6 or 7 years for F2B category.  If you become a naturalized US citizen during that time, you can upgrade the case to F2A as that will reduce the wait time.  She can visit you in the US during the wait, for short periods of time and then return to Chile, but entry to the US is at the discretion of CBP.  Good luck!

F1 would be the category once the mother naturalizes assuming the daughter remains unmarried.

[carmel34 3,626]

53 minutes ago, Dashinka said:

F1 would be the category once the mother naturalizes assuming the daughter remains unmarried.

Yes F1, I edited my post, thanks!

[arken 4,197]

Regardless of whether you are a LPR or USC, you can only file i130 at this time and i485 6-7 year later if your daughter happens to be in the US in legal status at that time. Filing i485 now will result in rejection or denial down the road. 
As said, best is to file i130 for now with consular processing option. She can visit back and fourth in the mean time.
 

 

[Crazy Cat 41,845]

 

7 hours ago, elizabethbrawner said:

I have read that If I want to fill the I-130 for my daughter I have to be  a permanent resident for 5 years at least (I do not if it is true, I hope someone here can help me with that).

Not true.  In addition, the F1 category takes about 7 years for a visa number to be current.  File the I-130 now.  She can continue to make short visits at the discretion of CBP.

Edited February 6, 2022 by Crazy Cat

[Rocio0010 5,579]

Added to what others have been saying, go back to your own forms when you applied for your GC and see if you listed her as your daughter. If you did not, it might bring complications down the road.

[SteveInBostonI130 3,434]

7 hours ago, elizabethbrawner said:

 I am a permanent resident but the process of condition remotion has been delayed due to pandemic, so they extended my GC for 2 years more. I have read that If I want to fill the I-130 for my daughter I have to be  a permanent resident for 5 years at least (I do not if it is true, I hope someone here can help me with that). I would like to know If I can fill for her the I-130 and adjust her status at the same time, considering that she was admitted under the ESTA program.
I do not want she to go back, it looks like the situation there is getting worse due to violence and crime.

 

1). You do not need to wait.  If you are a GC holder, conditional or not, you can file the I-130 for your daughter NOW.  Do it.  Her category is F2B. 

 

2) There are more USC's filing for their sons/daughters than LPRs.  Therefore, the current wait is about 7 years for F1 (USC son/daughter) and 6 years for F2B (LPR son/daughter).  It has been this way for a while now and will probably stay this way the next few years.  I suggest you to remain an LPR until your daughter immigrates.  Otherwise it may take a year longer.

 

3) Your daughter cannot adjust status now.  One of the requirements for AOS is that a visa has to be available when she files.  That is, her PD has to be current.  Right now F2B's from Sep 2015 are current.  F1 is Dec 2014.  She has to return to Chili.  

 

4)  Do not try to get her to visit 6 years from now when her PD is current to stay and adjust status.  It is fraud to purposely enter the US on a non-immigrant visa (except K1 and certain work visas) to adjust status.

 

 

[Boiler 45,486]

She can enter the DV.