I want to do a Visa Petition for my daughter

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loonyless

Registered Users (C)
I am a 52 year old married woman living in the US. I married an American citizen and went through the lengthy process of becoming a Naturalized citizen.

I want to do a Visa Petition for my daughter. But there is a problem.
She entered the US on a Visitor's Visa and overstayed.

If I do a Visa Petition for my daughter is there any hope that it will succeed?
 
Given OP's age, it is likely the daughter is not under 18. Since daughter is an illegal alien who is unlawfully present, she cannot adjust status in the US on the basis of a parent's petition and after she leaves will be inadmissible for a period of time.

She could by marriage to a USC, but marriage for an immigration benefit is illegal as well.

I do not understand why people think they can violate US laws and think that somehow there will be a way around the law for them that was not available to anyone else.
 
She must be unmarried and under 21 years old to get a GC thru you without leaving US as a IR of a USC and have her overstay forgiven absence of any of those two things she has to leave US for 10 years and then become eligible to receive any kind of a US visa whether immigrant or non immigrant because of her overstay.
On the alternative her only hope is to get married to a US Citizen if she is over 21 to receive a GC.
 
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18 is the magic age for forgiveness of illegal presence. Therefore, someone who has been illegally present and is less than 18 plus 180 days should meet with an attorney to develop a plan for reentry with the fewest problems.
 
Thanks for the replies. My daughter is 30 years old so she doesn't qualify for the under 18 years old rule. Marrying a US citizen is a possibility.
But isn't there a chance that Congress may pass legislation within a few years that will give the daughter a chance for a Green Card?
Like some kind of amnesty?
 
She can regain eligibility for a green card by staying outside the US for 10 years. While she is waiting out the 10-year ban, you can file a petition for her and let it work its way through the queue so that she would become eligible for a consular interview at the end of the 10 years.

The backlog for over-21 unmarried children of US citizens is currently at 6 years; for married children of USC it is 10 years (unless she was born in the Philippines or Mexico, which would involve a longer wait).
 
Hi Guys,

Im new in this forum and would like to ask something,I don't know how to open a new topic yet,,..I want to petition my mom ,how can she bring my sister and brother that is under 21 years old?,..And if ever i bring my mom here what is her status? does she have green card ? i really have no idea as of now.Hope this forum will helps,..THANK YOU!

Kash
 
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