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lipslikesugar

GC for a out-ofstatus minor

By lipslikesugar in Bringing Family Members of Permanent Residents to America

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lipslikesugar Explorer

lipslikesugar   0

Posted
Filed: Other Country: Brazil
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Hello!

Can a GC holder parent apply for a GC to his/hers minor child that is out-of-status for less than a year?

thanks :thumbs:

ps: I could not find a forum for GC - general questions . I am sorry if tjis is the wrong place to post messages like this one.

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jula Enthusiast

jula   0

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How old is child?

How and when did his/her parent get GC?

GC holder may petition for a minor child. It takes about 5 years for the process. A child, to still be able to adjust status in the USA, should be under 18 all the time.

You may get more precise info and advice if you give more details.

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lipslikesugar Explorer

lipslikesugar   0

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Filed: Other Country: Brazil
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How old is child?

How and when did his/her parent get GC?

GC holder may petition for a minor child. It takes about 5 years for the process. A child, to still be able to adjust status in the USA, should be under 18 all the time.

You may get more precise info and advice if you give more details.

Hey, the child is 13.

The mother just received her GC.

Does it take 5 years? still?

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Boiler Grand Master

Boiler   45,535

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Filed: K-1 Visa Country: Wales
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http://travel.state.gov/visa/frvi/bulletin...letin_3761.html

Look it up. Varies by country.

“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.”

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Boiler Grand Master

Boiler   45,535

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Filed: K-1 Visa Country: Wales
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Ok, so my question now is: will the child be penalized because of the "out-of-status" situation?

Youonly start aquiring illegal pesence at age 18.

Child is obviously deportabe now.

“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.”

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  • 2 weeks later...
Gringa Explorer

Gringa   0

Posted
Filed: Lift. Cond. (pnd) Country: Dominican Republic
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How the child entered?

My K-2 entered a year after my husband, March 2005 and I did the adjustment on 12/06 so, more than a year and half. They just go approved on July, it last almost 7 months thanks God. Also they are 8 and 13 years old.

Lifting of Conditions - I-751 for My K-1

04/27/07: Mail I-751 to Vermont

04/30/07: Vermont received I-751 (day 1)

05/03/07: Received confirmation of delivered package

05/25/07: Received BLUE Finger Print Receipt Notification Dated 5/18/07 (day 25)

06/11/07: Received NOA1 dated 5/24/07 (day 42)

06/13/07: Received Biometric Appointment Notice dated 6/8/07 for 06/22/07 (day 44)

06/22/07: Biometric Appointment @ 2:00 Done (day 53)

Touches: 6/22, 6/24 = Status: Case received and pending

10/25/07: Card production ordered on 10/24/07 (day 180)

11/02/07: Received 10 Years Green Card..Done...but you know what is next...lol...(188)

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Boiler Grand Master

Boiler   45,535

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Filed: K-1 Visa Country: Wales
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The child had a F-1 visa.

Is it better the child goes back to Brazil or stay here during the process?

:)

thank you!

F1 is not dual intent, but as long as Status is maintained should not be an issue.

“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.”

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lipslikesugar Explorer

lipslikesugar   0

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Filed: Other Country: Brazil
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Posted (edited)
The child had a F-1 visa.

Is it better the child goes back to Brazil or stay here during the process?

:)

thank you!

F1 is not dual intent, but as long as Status is maintained should not be an issue.

but he IS ou-of-status since last year.

what is the best thing to do?

thank you! :)

Edited by lipslikesugar
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diadromous mermaid Experienced

diadromous mermaid   36

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How the child entered?

My K-2 entered a year after my husband, March 2005 and I did the adjustment on 12/06 so, more than a year and half. They just go approved on July, it last almost 7 months thanks God. Also they are 8 and 13 years old.

Different situation when the petitioner is a USC

"diaddie mermaid"

You can 'catch' me on here and on FBI.

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diadromous mermaid Experienced

diadromous mermaid   36

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The child had a F-1 visa.

Is it better the child goes back to Brazil or stay here during the process?

:)

thank you!

F1 is not dual intent, but as long as Status is maintained should not be an issue.

but he IS ou-of-status since last year.

what is the best thing to do?

thank you! :)

Consult an immigration attorney, first off to evaluate any other options available. Then consider that before leaving the US, that being out of status for 180 days or more carries a mandatory 3 year bar to admission.

"diaddie mermaid"

You can 'catch' me on here and on FBI.

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Boiler Grand Master

Boiler   45,535

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Filed: K-1 Visa Country: Wales
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Ok, but just the processing time would be about 3 years.... Will this time count as the 3 year bar to admission or not?

thank you!

Once you are over 18 and have an ilegal presence of more than 1 year you have a 10 year Ban.

“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.”

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diadromous mermaid Experienced

diadromous mermaid   36

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Ok, but just the processing time would be about 3 years.... Will this time count as the 3 year bar to admission or not?

thank you!

Clock starts ticking upon departure of alien...

This is a complex area of the INA, that needs to be discussed with a competent immigration attorney. You can begin reading here...

http://www.immigrationlinks.com/news/news729.htm

"diaddie mermaid"

You can 'catch' me on here and on FBI.

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