Jump to content
Moda25

Can a Permanent Resident Adjust Status for a child who’s already in the US on ESTA?

 Share

19 posts in this topic

Recommended Posts

So my friend, who’s a green card holder came to the US with her daughter on ESTA from Germany. She has stayed in the US for almost two years now. My friend initially was advised by a lawyer to wait until she becomes a citizen before filing for her. However, yesterday she told me someone advised her to start the process now because it’s her daughter, she’s allowed to adjust her status a permanent resident. Any advice would be greatly appreciated.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Taiwan
Timeline

***Moved to Adjustment of Status from Work, Student, and Tourist Visas***

"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.. 
 

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Ghana
Timeline

Op, Crazy Cat question is important. Without USC spouse daughter cannot adjust. Adjustment is not allowed through a GC holder if beneficiary enters with ESTA.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Taiwan
Timeline
19 minutes ago, Crazy Cat said:

However, yesterday she told me someone advised her to start the process now because it’s her daughter,

Based on what you posted, the I-485 will be denied.  However, there is a possibility the child could adjust status if she is an immediate relative of a US citizen parent.

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.. 
 

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Taiwan
Timeline
6 minutes ago, nastra30 said:

Adjustment is not allowed through a GC holder if beneficiary enters with ESTA.

Excellent point!!!!!  Even a current visa number would not allow adjustment of status after entry via VWP (unless Daughter is an immediate relative of a US citizen). 

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.. 
 

Link to comment
Share on other sites

Posted (edited)

@Crazy Cat The father was a green card holder when he petitioned for the mother. While the mother was waiting overseas, she had her daughter so she received her visa and joined the husband while the husband petitioned for the child. Somewhere along the line, they moved to Germany while the petition was in progress at the NVC and it was eventually cancelled. Now, the mother and child have moved back to the US after 2 years of being away. So she wants to begin the process again and this time with the mother as the petitioner. The child is 9 years old.

Edited by Moda25
Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Ghana
Timeline
17 minutes ago, Moda25 said:

@Crazy Cat The father was a green card holder when he petitioned for the mother. While the mother was waiting overseas, she had her daughter so she received her visa and joined the husband while the husband petitioned for the child. Somewhere along the line, they moved to Germany while the petition was in progress at the NVC and it was eventually cancelled. Now, the mother and child have moved back to the US after 2 years of being away. So she wants to begin the process again and this time with the mother as the petitioner. The child is 9 years old.

Ahh, The child could also have received her visa the first time at the same time as the mom as a derivative beneficiary.

Either ways child right now is not eligible to adjust because mom is LPR and child entered with VWP. Follow lawyer's advice.

 

 

 

Edited by nastra30
Link to comment
Share on other sites

Filed: Citizen (apr) Country: Taiwan
Timeline
27 minutes ago, Moda25 said:

@Crazy Cat The father was a green card holder when he petitioned for the mother. While the mother was waiting overseas, she had her daughter so she received her visa and joined the husband while the husband petitioned for the child. Somewhere along the line, they moved to Germany while the petition was in progress at the NVC and it was eventually cancelled. Now, the mother and child have moved back to the US after 2 years of being away. So she wants to begin the process again and this time with the mother as the petitioner. The child is 9 years old.

So, the Father is not a US citizen, and he is not inside the US, correct?

"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.. 
 

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Taiwan
Timeline
1 minute ago, Moda25 said:

@Crazy Cat Correct!

Thanks for the info.  As @nastra30 stated, the child cannot currently adjust status after entering via VWP.  

"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.. 
 

Link to comment
Share on other sites

Here’s the policy manual section for reference:
 

From https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-7 -- "A noncitizen admitted as a nonimmigrant without a visa under a Visa Waiver Program is barred from adjustment of status.[...] These bars do not apply, however, to those seeking to adjust status as an immediate relative of a U.S. citizen or VAWA-based applicants."

 

 

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Nigeria
Timeline

Also important point she also can not leave the US or she will incur a 10 year Ban for the overstay. When are you or the father eligible to file for citizenship? This is her only path she can take to staying here legally and getting a green card.

Case Complete to Interview spreadsheet

From now on your VJ Member name will be verified. If the name you put on form to be added to spreadsheet comes up not found, you will not be added to the spreadsheet. If you don't have a timeline you will not be added to the spreadsheet.

Please Please put your VJ member name only. Not nicknames or real names whatever your VJ name is. It's below your profile picture!!

 

Come join the current Interview thread: 

DQ-to-Interview-2023-all-countries

Case Complete to Interview Spreadsheet
Case Complete to Interview Form

 

 

 

ROC I-751
5/21/2018: Filed i751 ROC
6/12/2018: NOA1 Date
3/5/2019: Biometrics Appt
12/28/2019: 18 month Extension has expired
1/9/2020: InfoPass Appt to get stamp in Passport
2/27/2020: Combo Interview (ROC and Citizenship)
3/31/2020: submitted service request for being pass normal processing time
4/7/2020: Card being produced
4/8/2020: Approved
4/10/2020: Card mailed
4/15/2020: 10 year green card received
 
 
N-400
5/21/2019: Filed Online
5/21/2019: NOA1 Date
6/13/2019: Biometrics Appt
2/27/2020: Citizenship Interview
4/7/2020: In queue for Oath Ceremony to be scheduled
6/19/2020: Notice Oath Ceremony scheduled
7/8/2020: Oath Ceremony (Houston)

 

 

 

 

 

 

 

 

Link to comment
Share on other sites

@dwheels76 She knows about the ban if she leaves the country. The mother is the only one currently in the US and she couldn’t file her citizenship because she spent 2 years in Germany. She’s waiting to qualify to file under the 5 year rule.

Link to comment
Share on other sites

 
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
- 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...