Hey all,

I'll apologize for the long explanation in advance, but I think it's necessary.

I arrived in the US in August 2005 on an IR-1 as I'd been married to my US wife in England for the previous 8 years or so. My daughter back in England started to make a lot of noise about her environment and her mother and I agreed that it would be best if she came here to live. We fly her out and filed an I-130.

At the end of this year though I got divorced. I filed an I-130 to replace the one my now ex had filed for my daughter. However, my daughter has now decided she doesn't like it here anymore and wants to go home. We've had this discussion a few times and it's pretty much reached the point where yes, it would make sense for her to go back to England.

My question though is how do I do this? If I just pull the petition is there a risk my daughter will be 'out of status' and get deported? Would she be able to leave but still come back for short vacations to visit? Are immigration going to be pissed at having one petition filed, then another, then having it pulled?

Help - I'm at my wits end here between wanting to do everything right from an immigration standpoint and wanting to get my daughter happier and back home again.

Please help

She entered on the VWP with intent to stay?

Sounds like she has major problems, lawyer time.

When did she enter, how old is she, I presume she used the VWP or did she have a B?

uh oh.

Yes she entered on the Visa Waiver program. She was 13 at the time and I seem to recall that she was listed as a child/dependent of mine on my original petition as well. Some sources I've read indicate that as a result this isn't a problem since she's both a minor and was listed on my petition.

Edit: I should mention as well that she didn't enter on VWP with an intent to stay. She came out for a visit with my father (her grandfather, and while here in talking to her and then to her mother we decided it would be best for her to stay).

So you filed for her under Family 1st? And then 2b?

How did you intend her to maintain her status pending a visa number becoming available.

Just wondered what she is doing as far as schooling.

The only positive is that an under 18 does not incurr illegal presence, using the VWP again any time soon will be a big ask.

You did not state when she entered.

Thanks for the info.

She entered July last year - July 1st in fact. We spoke with a lawyer prior to her entering and said that we were thinking about her coming here and she indicated because of the child's age it would not be a problem, but because of processing times it would be best for my then wife (she's a citizen, I'm not) to file.

In terms of maintaining her status, I'm probably being stupid but I didn't know we had to do anything. We sent in her passport, other documents etc with teh petition. she had biometrics done about 6 months ago, and according to the processing times webpage she would be due a final answer any day now, but of course I've had to replace that petition with another after my divorce.

So, what you're saying though is that because she is under age, I could just cancel the petition, request back the documents and let her go home? As far as schooling etc, she entered high school as a freshman last year locally and is about to start her next grade.

Short and dirty version is that she is out of status, deportable, but so are 20m etc.

She will never be able to use the VWP, may be able to get a B2 Visitors Visa with a sympathetic interviewer, may not.