I-130 for wife but not for child. 'The petition you have filed does not allow derivative status for family members. This means that any spouse, unmarried child under age 21, or parent will require their own petition to immigrate."

[appleblossom 2,398]

1 minute ago, RnJ2021 said:

Child and mom want to come home. Because of their tourist visas, they have spent half of the last 8 years with her stepfather. And he spent a lot of the other half with them in Kyiv.

I’m sure they do. But they cannot move until they have visas in hand. Anything else is immigration fraud, and risking a ban from the US. I’m sure they’d rather wait a while longer and do it properly than rush and risk being unable to enter the place they call home, right? 
 

So Mom needs to do as everybody has suggested above, and slow her process down until her daughter can catch up. Then they can move together. 

[RnJ2021 59]

13 minutes ago, Ontarkie said:

Unless this is something new. Yes she sure will. 

Got it. If mom is already approved, the process requires the 8 year old (probably 9 by the time the paperwork is squared away) coming through the system separately to leave her home in the USA for the interview that NVC obligingly schedules for her. Peachy:

 

If your spouse and/or qualified unmarried children will immigrate at a later date and travel separately from you, they are not required to participate in your interview. They will be scheduled for a separate interview appointment. You should contact the U.S. Embassy or Consulate directly to arrange separate interviews, if needed.

 

[RnJ2021 59]

8 minutes ago, appleblossom said:

I’m sure they do. But they cannot move until they have visas in hand. Anything else is immigration fraud, and risking a ban from the US. I’m sure they’d rather wait a while longer and do it properly than rush and risk being unable to enter the place they call home, right? 
 

So Mom needs to do as everybody has suggested above, and slow her process down until her daughter can catch up. Then they can move together. 

They can move together because because the child has a tourist visa.

Once mom has her immigrant visa (soon) then they can come home.

The only question is what is the best way to normalize the child's status once her paperwork is resolved.

Edited February 29 by RnJ2021

[Ontarkie 14,194]

3 minutes ago, RnJ2021 said:

They can move together because because the child has a tourist visa. The only question is what is the best way to normalize the child's status once the paperwork is resolved.

 

They cannot both move to the US when mom gets her visa. The child might be allowed to visit, but with mom having a visa in hand she could also be denied entry. If the child is allowed to visit, that is exactly what her status would be visitor. No school as a visitor. 

[Ontarkie 14,194]

8 minutes ago, RnJ2021 said:

Got it. If mom is already approved, the process requires the 8 year old (probably 9 by the time the paperwork is squared away) coming through the system separately to leave her home in the USA for the interview that NVC obligingly schedules for her. Peachy:

 

If your spouse and/or qualified unmarried children will immigrate at a later date and travel separately from you, they are not required to participate in your interview. They will be scheduled for a separate interview appointment. You should contact the U.S. Embassy or Consulate directly to arrange separate interviews, if needed.

 

Yes it sucks. This is why I have said to get USCIS to match up the child's case with mom's. This would be the fastest way through this. 

[RnJ2021 59]

5 minutes ago, Ontarkie said:

They cannot both move to the US when mom gets her visa. The child might be allowed to visit, but with mom having a visa in hand she could also be denied entry. If the child is allowed to visit, that is exactly what her status would be visitor. No school as a visitor. 

Her school that is eagerly waiting for her return will be surprised to learn this. Her stepfather is a USC.

Edited February 29 by RnJ2021

[Ontarkie 14,194]

Just now, RnJ2021 said:

Her school that is eagerly waiting for her return will be surprised to learn this.

That would be a violation of her tourist visa.

[RnJ2021 59]

4 minutes ago, Ontarkie said:

Yes it sucks. This is why I have said to get USCIS to match up the child's case with mom's. This would be the fastest way through this.

Mom's case is on its way to Dublin. USCIS is not matching anything up with that.

[Ontarkie 14,194]

1 minute ago, RnJ2021 said:

Mom's case is on its way to Dublin. USCIS is not matching anything up with that.

You said she was at NVC still. So yes they can. 

[appleblossom 2,398]

19 minutes ago, RnJ2021 said:

They can move together because because the child has a tourist visa.

Once mom has her immigrant visa (soon) then they can come home.

The only question is what is the best way to normalize the child's status once her paperwork is resolved.

Tourist visa is for visiting only.  If she enters on that and attempts to stay (‘normalize her status’), that’s immigration fraud. Potential lifetime ban from the US and surely not worth the risk? 

 

But you’ve been told this repeatedly throughout the thread and are still not listening, so I’m out. I wish them the best of luck, but would strongly suggest you let them know the potential risk they’re taking if they decide not to simply delay Mom’s interview and go through the proper legal route. 

Edited February 29 by appleblossom

[RnJ2021 59]

14 minutes ago, Ontarkie said:

You said she was at NVC still. So yes they can.

That was when I first posted., My buddy submitted a letter notify NVC that the child was in process. But the official query system takes weeks and it still has not arrived at NVC. In the meantime, mom was DQ'd and sent to Dublin. I imagine that mom will have immigration visa in hand before the "official" request to match the cases up makes it to NVC. In the meantime, while the original I-130 only took two weeks to be approved, it apparently takes months to correct a simple error in the form.

Edited February 29 by RnJ2021

[Boiler 45,417]

23 minutes ago, RnJ2021 said:

That was when I first posted., My buddy submitted a letter notify NVC that the child was in process. But the official query system takes weeks and it still has not arrived at NVC. In the meantime, mom was DQ'd and sent to Dublin. I imagine that mom will have immigration visa in hand before the "official" request to match the cases up makes it to NVC. In the meantime, while the original I-130 only took two weeks to be approved, it apparently takes months to correct a simple error in the form.

 

I am not sure you are actually helping your friend, much better if your friend joins.

 

You said well implied that the child had attended school in the US, how? Did the child have a Student Visa.

 

There are some things you have mentioned, intimated, that might cause problems but without the full story I am loathe to say anything else.

 

The Mother can certainly delay things until the daughters case catches up.

 

I think as a general comment it is better to file a new I 130 that wait for the I 824.

Edited February 29 by Boiler

[RnJ2021 59]

Found this:

 Under Federal law, States and local educational agencies are obligated to provide all children – regardless of immigration status – with equal access to public education at the elementary and secondary level. This includes children such as unaccompanied children who may be involved in immigration proceedings.

[RnJ2021 59]

46 minutes ago, Boiler said:

I am not sure you are actually helping your friend, much better if your friend joins.

Your response on submitting a new I-130 is useful. I guess it cannot hurt.

My buddy is a great guy but not the type to participate in this give and take. And apparently not the type to complete complex forms.

This is complex enough that I think he should talk to an immigration attorney. The last one he used was ####### but maybe he can find a good one.

[Boiler 45,417]

45 minutes ago, RnJ2021 said:

Found this:

 Under Federal law, States and local educational agencies are obligated to provide all children – regardless of immigration status – with equal access to public education at the elementary and secondary level. This includes children such as unaccompanied children who may be involved in immigration proceedings.

I know that, I also know that a B visa does not permit you to do so.

 

And the child was on a B.