Can the green card of my minor children (13 and 15) be denied due to overstay

michel7760

New Member
We are green card holder since 2013, parents of 2 childrens today 13 and 15, who are living with us in US since 2004 and without immigration status since 2012. We sponsored them for G.C. and are waiting for an available visa #, priority date should be reached soon.
Recently we got a USCIS"welcome" letter which says our 2 daughters have to travel to Paris, to US embassy for an interview, called "consular process" , as adjustment of status isn't possible.
Exception to INA 212(a)(9)(B) chapter 9 FAM 40.92 N4.1 says " Any period that an alien spends unlawfully in the U.S. while under age of 18 would not count toward calculating the accrual of unlawful presence"
is there a risk, in despite of the above text, that their Green Card can be denied, which will result they can't come back to USA after interview in Paris
 
Your understanding is correct. They should not have a INA 212(a)(9)(B) ban. I don't see any ban they would be denied an immigrant visa under. There's a chance the consular officer might make a mistake and deny it anyway, and there is basically no appeal of consular officer decisions, though it's possible to ask for reconsideration and an advisory opinion from the State Department, or you can just apply again.
 
Your understanding is correct. They should not have a INA 212(a)(9)(B) ban. I don't see any ban they would be denied an immigrant visa under. There's a chance the consular officer might make a mistake and deny it anyway, and there is basically no appeal of consular officer decisions, though it's possible to ask for reconsideration and an advisory opinion from the State Department, or you can just apply again.

Thank you Newacct, this is the worst of all the answers I feared: the human factor in despite of the law
You mean by travelling to the CP in Paris, my daughters green cards, and our whole life in USA ( school, business, house.....dog) can be suppressed by a mistake or the mood of an immigration officer ? So we have just to pray that the officer knows the law ...............and have excellent relationship with his wife.........( imagine she left with the kids the day before.....with a French guy)
Is their a way to avoid any "mistake" or misunderstanding?
I imagine reconsideration and an advisory opinion will need weeks or months, and in such case we will be blocked in Paris, how and where to contact state department ( what means State Department)? may it be possible to get advices from them before we travel to Paris?
 
Consult a "competent' immigration attorney. You should be appeal it here. If it's legally possible for your kids to adjust status in the US, they should get that.

Also if the human factor makes a mistake you can fix it by reapplying or appealing. But let's hope it won't come to that.
 
Consult a "competent' immigration attorney. You should be appeal it here. If it's legally possible for your kids to adjust status in the US, they should get that.
They are not eligible for AOS because they are not in the Immediate Relative category and they are not currently in status. If a parent becomes a citizen and they are still under 21, then they would become eligible, but that would mean being illegal for a few more years, would cut it close to aging out, and would be risky since after 18 they will start to accrue unlawful presence.
 
I missed them being PR part. Thanks for clarification newacct. Safest bet seems like getting citizenship then AOSing. If they become citizens won't unlawful presence of kids will be forgiven since they are immediate relatives. even for this , the clock has 3 more years to start. It all depends how many more years parents need for citizenship and more importantly will they want it or not when eligible.
 
Yes, I already knew there is no way for an AOS.
But is it possible that nobody were in the same case, I mean, parents who won't let their kids in an other country for 2 or 3 years should not be unusual
 
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