Minor Child of a Legal Permanent Resident

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gabriel88

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If a minor child of a LPR is alredy in the US, and has entered on a visitior visa, and is already 18 but not 21 yet, what are the options to get a Permanent Resident status through the parent?

How to stay lawfully until the case will be processed?

What if the child is still a minor at the time of filing, but already over 21 when his/her case is processed? Is the filing date the only that matters?

Thanks for any answers! :)
 
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gabriel88 said:
If a minor child of a LPR is alredy in the US, and has entered on a visitior visa, and is already 18 but not 21 yet, what are the options to get a Permanent Resident status through the parent? Did he come here with immigrating intent with a visitor visa? if so, that is not good

How to stay lawfully until the case will be processed? Was your LPR gained through marriage? if so, why didn't you file for him them as a dependant?

What if the child is still a minor at the time of filing, but already over 21 when his/her case is processed? Is the filing date the only that matters? I believe it is the filing date that matters

Thanks for any answers! :)
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Please provide more information to be able to help you.
 
I'm 18, my dad should become a LPR in half a year. He wants me to go to see him when he is approved and maybe petition for me (before the age of 21). If I'm there with a valid I94 which hasnt expired yet and he files for me, aren't I going to be out of status after a while??? What would be my status after he files for me? Am I legal after that until I get interviewed? Is there an interview in this kind of case at all?? Sorry I'm confused a little bit :)
 
gabriel88 said:
I'm 18, my dad should become a LPR in half a year. He wants me to go to see him when he is approved and maybe petition for me (before the age of 21). If I'm there with a valid I94 which hasnt expired yet and he files for me, aren't I going to be out of status after a while??? What would be my status after he files for me? Am I legal after that until I get interviewed? Is there an interview in this kind of case at all?? Sorry I'm confused a little bit :)
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This is not legal advice or interpretation but:

If he files for you, he must first file an I-130 and have it approved. Then once the Priority Date is current, you would go through Consular Processing.

This whole thing is bound to take years.

Once he files a I-130 for you, you will probably be denied entry on a visitor (non-immigrant) visa, as there is an immigration petition filed on your behalf and any immigration officer will most likely believe that you intend to ilegally stay in the US.

I do not think you can file for adjustment of status. Only if you dad was an USC (US Citizen).

But, I have never been through this family process myself. So, I would listen to other members on the forum and read some more.

That's my $ 0.02 :cool:
 
what basis is your father getting his GC on? why are you not listed as a derivative on his application?

He wants me to go to see him when he is approved and maybe petition for me (before the age of 21).
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that may not work the way you intend it.
 
His wife is a USC. He would want to file my application when I'm already there on a b1/2 visa. First he wants to get his own green card, he can't file for me too in the same time, becouse they were married when I was already 18 so there is no base to file for me yet. If he would be a LPR he could do that.
Anyone knows what happens to my status after he files for me? Would I be still legal until that application is pending?
 
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gabriel88 said:
Anyone knows what happens to my status after he files for me? Would I be still legal until that application is pending?
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No, unfortunately, having I-130 filed for you is not going to give you any status, I-485 will. The problem is you would be able to file I-485 only when your priority date is current, and that's going to take years...
 
Anahit said:
No, unfortunately, having I-130 filed for you is not going to give you any status, I-485 will. The problem is you would be able to file I-485 only when your priority date is current, and that's going to take years...
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Thanks for your answer! Things are getting clearer now... So that's not the way to go :(
 
gabriel88 said:
Thanks for your answer! Things are getting clearer now... So that's not the way to go :(
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No, definitely not. Make sure your father files I-130 after your visit, otherwise it will be almost impossible to get a B1/B2 visa.
Note: while your petition is pending you can't get married, unless your father becomes a citizen.
 
Is this Possible?

Hello everyone, I would appreciate some sound advise.
I would like to know if there is a way to apply for legal residence of a child 5 yrs old He has a small speech impediment, but otherwise ok. He is the son of a distant cousin, who is having financial hardship and can barely care for her 5 children. She will readily give him up, because his educational needs have become a burden to her. I fell in love with him, and I would love to help. I have the means and the accommodation, not to mention the love and time.

I need to know what steps I would have to take in order to make this happen?

p.s child lives outside the US

Thank you
 
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BLUEIVY5 said:
Hello everyone, I would appreciate some sound advise.
I would like to know if there is a way to apply for legal residence of a child 5 yrs old He has a small speech impediment, but otherwise ok. He is the son of a distant cousin, who is having financial hardship and can barely care for her 5 children. She will readily give him up, because his educational needs have become a burden to her. I fell in love with him, and I would love to help. I have the means and the accommodation, not to mention the love and time.

I need to know what steps I would have to take in order to make this happen?
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Are you or your distant cousin (the child's parent) a US citizen?
 
BLUEIVY5 said:
I am a US citizen
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Good. Then you will be eligible to bring an adopted child to the US without first living with the child for 2 years (unless the other country requires it).

International adoption is complicated, and you almost surely will need a lawyer or other professional help.

Start here: http://www.uscis.gov/adoption

You may be eligible for adoption tax credits, to help offset your adoption expenses: http://www.irs.gov/Individuals/Adoption-Benefits-FAQs

Some employers offer adoption benefits, and you can research that with your own employer.
 
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