Jump to content
berlisa

USC petition for adult child

By berlisa in Bringing Family Members of US Citizens to America

 Share

6 posts in this topic

Recommended Posts

berlisa Newbie

berlisa   0

Posted
Timeline
Posted

My unmarried adult child (over 21) was here on an E2 that is being dissolved.  I filed an 1-130 petition as a family member of a USC and I’m not sure if I need to a 485 to my online account online now or do I need to wait.  I’ve been given two different answers.   If her E2 is dissolved, does she have to leave the country back to Canada first?  She can keep it awhile longer if that is the case.  We are in our late 70’s and with her nursing training, it is important to have us nearby.

 

Any helpfulness is appreciated.

Boiler Grand Master

Boiler   45,952

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted (edited)

If you filed 7 or so years ago and her number is current, she is in status it seems then yes she can file to adjust status and does not have to leave

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Crazy Cat Grand Master

Crazy Cat   42,112

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)
28 minutes ago, berlisa said:

I filed an 1-130 petition as a family member of a USC

When is the important question.....

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

jan22 Experienced

jan22   3,056

Posted
Filed: Timeline
Posted
14 minutes ago, berlisa said:

My unmarried adult child (over 21) was here on an E2 that is being dissolved.  I filed an 1-130 petition as a family member of a USC and I’m not sure if I need to a 485 to my online account online now or do I need to wait.  I’ve been given two different answers.   If her E2 is dissolved, does she have to leave the country back to Canada first?  She can keep it awhile longer if that is the case.  We are in our late 70’s and with her nursing training, it is important to have us nearby.

 

Any helpfulness is appreciated.

I am making three assumptions in my answer: 

  • You are a US citizen, and
  • The E2 visa/status you referred to is the non-immigrant Treaty Invester visa, and
  • You filed the I-130 fairly recently.

If those assumptions are not correct, most of the rest of this post will also be incorrect.

 

The visa category for a +21-year-old daughter of a US citizen is one that has an annual numerical limit -- only a certain number can be issued each year.  Because of that, there is a wait for one of those visa numbers that depends on the date when the I-130 was filed (called the "priority date").  The petitions being processed right now are those that were filed on or before December 1, 2014.  (If you are not a US citizen, for green card holders, the priority date for processing is September 22, 2015).

 

You cannot file the I-485 for the adjustment of status for your daughter until just before your petition filing date becomes current.  If you recently filed the petition, that's about 8 years from now.

 

Once your daughter's E2 status ends, unless she has another job that will hire her and sponsor a work visa for her, she will have to leave the US.  Depending on her nurse's training you mention, if she meets all the requirements, she might be able to get a TN (NAFTA Treaty) visa if she is a Canadian national.

aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted (edited)
1 hour ago, berlisa said:

My unmarried adult child (over 21) was here on an E2 that is being dissolved.  I filed an 1-130 petition as a family member of a USC and I’m not sure if I need to a 485 to my online account online now or do I need to wait.  I’ve been given two different answers.   If her E2 is dissolved, does she have to leave the country back to Canada first?  She can keep it awhile longer if that is the case.  We are in our late 70’s and with her nursing training, it is important to have us nearby.

 

Any helpfulness is appreciated.

Your child would need to have a current Priority Date in order to file an I-485 to adjust status.  

When did you file the I-130?  It's currently taking 8 years for a USC to petition for an unmarried child over 21.  Being in the US on an E-2 does not give the person an advantage or to file to stay in the US based on that I-130.  

Edited by aaron2020
Mike E Grand Master

Mike E   11,742

Posted
Filed: Citizen (apr) Country: Myanmar
 Timeline
Posted
16 hours ago, berlisa said:

My unmarried adult child (over 21) was here on an E2 that is being dissolved.  I filed an 1-130 petition as a family member of a USC and I’m not sure if I need to a 485 to my online account online now or do I need to wait.  I’ve been given two different answers.   If her E2 is dissolved, does she have to leave the country back to Canada first?  She can keep it awhile longer if that is the case.  We are in our late 70’s and with her nursing training, it is important to have us nearby.

 

Any helpfulness is appreciated.

Were you a US citizen before she was born?

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...