Green Card application with a minor child

C

craif

New Member
Good afternoon!

I am helping a friend out with her family status. She is a citizen and wants to apply for her mother's green card and we are confused about her minor sister (15 years old). They are currently in the U.S. with a visitor visa. They came to visit, two months went by and they want to stay in the U.S.

I have been reading about citizens giving green cards to family members and her mother would get a green card relatively fast (around one year, correct me if I am mistaken) but her sister would take years. Now some questions:

1- Is it better to apply for her mom first and then her mother apply for her minor child?
2- How long would take for the child get her green card through her mom?
3- Is it okay that they are both in the U.S. already?
4- Would it be better to try to get a F-1 VISA for the child while waiting for the mom's green card so she is not out of status?

Thank you in advance!
 
1. Yes
2. About two years after her mom gets a green card
3. Yes it matters. The mom’s category would allow her to adjust from an illegal or overstay status (as long as she entered legally), but the sister’s won’t. There’s no way sister will still be in status from a b visa now at the time her mom can file for her.
4. Difficult for a number of reasons: immigrant intent is obvious which is not allowed on F1, also given her age, F1 allows a maximum of one year at a public high school (has to be paid for at full cost to school, she cannot attend for free) or she will have to be at a private school, even if they overcome the immigrant intent problem. Can they afford this?
 
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