I-485 Interview for child under 21 of USC

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cicikiz1

Registered Users (C)
Hi everyone i really need your help and would appreciate it if you give me some input!!!

My daughter has already done her fingerprinting and has recieved her EAD. But now she has her Intial I-485 interview Oct.28th!! She is 20 years old and I am a USC, she is also out-of-status of f2 visa. Could you guys please tell me what we should expect at the interview? Will i be able to go into the interview with her? Do you guys think she has a better chance of being approved? PLEASE HELP, im driving my self crazy trying to find out the answers.:confused:
 
F2 is a derivative and a dependent of a F1 meaning she is married to a F1 holder or a daughter of F1, but she is your daughter and you are a USC, If she is married she is not defined as a IR of a USC and will be subject to bars of 3/10 years fir the overstay. Please clarify how she had a F2.
 
OH yes yes she is UNMARRIED and only 20!!!, i was a f1 and she came here with f2 im sorry if i didnt clarify that in the beginning
 
So how did you get a green card and then become a USC, without her getting a green card during all those years? Something still doesn't add up.
 
i was married to a USC and thats how i got mine, then later i became a USC, but thats my mistake on my part and his we didnt get hers done when we should have, we didnt have the money to do it...So can you please help me with my questions now that i have clarifyed it.
 
okay but also isnt she a immediate relative? she is under 21 a child of a USC, her over stay is forgiven? Right?
 
cicikiz1 said:
i was married to a USC and thats how i got mine, then later i became a USC, but thats my mistake on my part and his we didnt get hers done when we should have, we didnt have the money to do it...So can you please help me with my questions now that i have clarifyed it.
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Wow, for more than 3 years you could have had your USC spouse file for her but you didn't?

I would advise you not to attend the interview with her, as the interviewer will beat you up with questions like what we gave you, and worse. It looks really bad that you would let her status linger for over 3 years. At least if she is alone in the interview, she can just say "I don't know" when asked about why it took so long to apply to legalize her status.

And to answer your question ... yes, her overstay will be forgiven, provided she did not leave the US after accumulating 180 days or more of unlawful presence. I presume she remained in the US ever since losing her F2 status (which would be the day you lost your F1 status).
 
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cicikiz1 said:
okay but also isnt she a immediate relative? she is under 21 a child of a USC, her over stay is forgiven? Right?
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Lady,

You did something terrible by having your daughter dangle in limbo for years unnecessarily with this immigration stuff. Forgiven visa violation can be done, but how long has her visa been expired? She is a daughter of a USC, but AOS with an expired visa isn't guaranteed. Do you realize that if you had filed for her as a derivative under your own petition for a green card, as sponsored by your husband, she would have gotten a GC too? Moreover, assuming that you got your citizenship while she was under 18th, she would be a US citizen too. As of now, you are going to spend $1450 for the green card, plus she has to wait another 5 years to file for USC, cost of another $675. Don't go to the interview with her, it could get ugly for you and destroy her GC chances.
 
I know i made a big mistake and jeopradized my daughters future but thats all i care about is her interview going fine and not getting denied...I know its hard to say but what do you guys think are the chances of her interview being denied? & i have to go to the interview with her because i have to drive her their.
 
cicikiz1 said:
I know i made a big mistake and jeopradized my daughters future but thats all i care about is her interview going fine and not getting denied...I know its hard to say but what do you guys think are the chances of her interview being denied? & i have to go to the interview with her because i have to drive her their.
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shes been out of status for 9 years
 
If you have to drive her there, drop her off, then go somewhere else for an hour or two and return to pick her up, or have her take a cab or bus back home. Don't attend the interview and complicate the situation.
 
well what if they ask her about the I-864 stuff dont i have to explain those things to the officer? & would it be better if i send a lawyer in their with her? (I know i made a big mistake but thank you guys for all your answers)
 
cicikiz1 said:
I know i made a big mistake and jeopradized my daughters future but thats all i care about is her interview going fine and not getting denied...I know its hard to say but what do you guys think are the chances of her interview being denied? & i have to go to the interview with her because i have to drive her their.
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You can drive her, but you don't have to enter the USCIS building with her. You can care all you want about her petition approval, you are the primary catalyst for all of this terrible situation. I can't believe that you spend all those years with your husband and never spend any money for her immigration? It is hard for me to swallow your explanation, really....if your husband cared enough, you both could have borrowed money and filed for her paperwork. I want you to read this and read this very well:

When your daughter goes to the interview, she needs to be careful of what she says to the interviewing officer. She needs to play the role of a child, not involved in-depth with all of this immigration stuff, she should indicate that you and her step-father handled all of it. Acting stupid and ignorant could be her saving grace on some of these issues. This will protect her from an overzealous IO who upon reviewing her filing, is aware of your circumstance. Worst of all, if the interviewing officer is a mother and where to put herself in your shoes, she will be boiling with rage because it seems illogical that you never filed for case green card at any costs. Her interview is likely going to focuses on if she is a criminal or concealing any information from immigration, from your posting, she appears to be a nice young lady with no criminal issues. Which is a good thing. She can also explain she came as a teenager and doesn't even know what is involved in immigration cases, until now when has to follow the process as instructed by her mother and Notice of Actions from USCIS.

Personally, I am appalled by how you were so negligent on this issue.
 
Al Southner said:
You can drive her, but you don't have to enter the USCIS building with her. You can care all you want about her petition approval, you are the primary catalyst for all of this terrible situation. I can't believe that you spend all those years with your husband and never spend any money for her immigration? It is hard for me to swallow your explanation, really....if your husband cared enough, you both could have borrowed money and filed for her paperwork. I want you to read this and read this very well:

When your daughter goes to the interview, she needs to be careful of what she says to the interviewing officer. She needs to play the role of a child, not involved in-depth with all of this immigration stuff, she should indicate that you and her step-father handled all of it. Acting stupid and ignorant could be her saving grace on some of these issues. This will protect her from an overzealous IO who upon reviewing her filing, is aware of your circumstance. Worst of all, if the interviewing officer is a mother and where to put herself in your shoes, she will be boiling with rage because it seems illogical that you never filed for case green card at any costs. Her interview is likely going to focuses on if she is a criminal or concealing any information from immigration, from your posting, she appears to be a nice young lady with no criminal issues. Which is a good thing. She can also explain she came as a teenager and doesn't even know what is involved in immigration cases, until now when has to follow the process as instructed by her mother and Notice of Actions from USCIS.

Personally, I am appalled by how you were so negligent on this issue.
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thank you for your answers, she has never been in trouble and she graduated high school.I brought her here when she was 9 years old and she didnt know anything, so i hope the officer she gets is a nice one and everything goes well. So a lawyer going in their is a good idea? If you guys have any more input please let me now!!
 
cicikiz1 said:
thank you for your answers, she has never been in trouble and she graduated high school.I brought her here when she was 9 years old and she didnt know anything, so i hope the officer she gets is a nice one and everything goes well. So a lawyer going in their is a good idea? If you guys have any more input please let me now!!
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I wouldn't invest in a lawyer right away. In my view, I think she has a good chance of being approved, notwithstanding your negligence on this matter. I-864 form doesn't need you, IO are trained to understand the form and know if it meets the requirements, so that's excuse to be at the interview with her won't work for me. As long as you are above the poverty line for the size of your household, you are fine and the form will "magically" answer for itself under examination. If she is denied, then I would invest in a lawyer and fight USCIS. Once you are a USC, some leniency and discretion could apply in her case and hope the IO is a nice person with no children, lacks the maternal instinct. If I were the IO, I would ask your daughter to call you into the office and I would chew you out for doing this, and approve her case. At least, I would have gotten the satisfaction to give you my piece of mind, but also made sure your daughter's future isn't compromised.
 
cicikiz1 said:
okay thank you for all your input.
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should i still get all the paperwork such as tax papers birth certificates and the things on the I-485 interview notice checklist ready and give it to my daughter to take in to the interview with her?
 
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