GC holder wondering if I should sponsor my 17 year old daughter

M

mdc

New Member
Hello, I've been a GC holder since 2005 when I've entered US with my husband and 13 year old daughter. I've filled I130 for my daughter in Dec 2005 (this is the priority date). Last Friday we received a notice that the I130 is approved and we should file I485 at the local immigration office.

My daughter is currently attending high school but has no legal documents. My question to you is, can I go ahead and file i485 for her even if she overstayed her student visa?

Will it be better to wait until I became an US citizen and then file? She will be over 18 by the time I can apply for citizenship.

I am lost:confused:, don't know what to do. I don't want my daughter to have to leave US, we have no family left back in our country....
 
She can't file an I-485 now because her priority date is not current. And the overstay would also be a problem.

But once you become a US citizen her I-485 can be filed as an immediate relative if she is still under 21, and the overstay wouldn't prevent her from being eligible to file the I-485. Her I-485 filing would need to include a request to upgrade the I-130 to reflect your new citizenship status (including proof of your citizenship).

Why did she not get a GC when you and your husband got it in 2005? Were you sponsored for your GC by one of your other children?
 
Since she is not yet 18, her overstay would not be counted against her if she leaves before her 18th birthday. Overstay after that date becomes an issue.

You REALLY need to consult an attorney to evaluate all of your options. This is too important to trust to an intenet forum.
 
If you are sure that you will apply for and be granted citizenship before she turns 21 then you can wait until then to file i-485 for her.
If not she needs to leave the country before she turns 18 years and 180 days to be able to enter another way without the bans applying to her. If she does not leave before then it will be very difficult for her to AOS in this country unless she marries an American citizen.
 
Thank you for your quick reply. Yes my oldest daughter who is an american citizen, sponsored my husband, myself and the youngest daughter. My husband and I were the only ones that received GCs, my youngest daughter was denied, so we had to get her a student visa for her to come with us at the same time. She was only 13 years old and we had no more family left in our country. I am just affraid that once she turns 18, she will became illegal and her overstay will interfere with her I485. Do you know for sure that it's ok for her to stay even if she turns 18? Thank you very much.
Jackolantern said:
She can't file an I-485 now because her priority date is not current. And the overstay would also be a problem.

But once you become a US citizen her I-485 can be filed as an immediate relative if she is still under 21, and the overstay wouldn't prevent her from being eligible to file the I-485. Her I-485 filing would need to include a request to upgrade the I-130 to reflect your new citizenship status (including proof of your citizenship).

Why did she not get a GC when you and your husband got it in 2005? Were you sponsored for your GC by one of your other children?
Click to expand...
 
mdc said:
Thank you for your quick reply. Yes my oldest daughter who is an american citizen, sponsored my husband, myself and the youngest daughter. My husband and I were the only ones that received GCs, my youngest daughter was denied, so we had to get her a student visa for her to come with us at the same time. She was only 13 years old and we had no more family left in our country. I am just affraid that once she turns 18, she will became illegal and her overstay will interfere with her I485.
Click to expand...
She is already illegally here, and her overstay has already made her ineligible for the I-485 ... unless you become a citizen, in which case the overstay won't block her from being eligible to file the I-485 and get a green card. But until then she would be subject to deportation if caught, and probably unable to get a driver's license and a job.

Now another alternative is to have her leave the US as soon as or before she turns 18, because the time spent in the US when she was under 18 will not count towards the 3-year or 10-year bar from entering the US, but the time over 18 will if it exceeds 180 days. She would then be eligible to return to the US with a green card once her priority date is current or you become a citizen, whichever comes first. So if there is some other country where she can wait for a couple of years upon turning 18 -- maybe going to Europe or Canada or her home country for university -- that's an option to consider.
 
Last edited by a moderator:
mdc said:
Thank you for your quick reply. Yes my oldest daughter who is an american citizen, sponsored my husband, myself and the youngest daughter. My husband and I were the only ones that received GCs, my youngest daughter was denied, so we had to get her a student visa for her to come with us at the same time. She was only 13 years old and we had no more family left in our country. I am just affraid that once she turns 18, she will became illegal and her overstay will interfere with her I485. Do you know for sure that it's ok for her to stay even if she turns 18? Thank you very much.
Click to expand...

If you become an American citizen before she turns 21 she is still an immediate relative and could file i-485 even if she is out of status.
 
You must log in or register to reply here.
Top