Can a GC holder parent apply for a GC to his/hers minor child that is out-of-status for less than a year?
thanks
ps: I could not find a forum for GC - general questions . I am sorry if tjis is the wrong place to post messages like this one.
Full Version: GC for a out-ofstatus minor
VisaJourney.com > General Family Based Immigration Topics > Bringing family members of Permanent Residents to America
Hello!
Can a GC holder parent apply for a GC to his/hers minor child that is out-of-status for less than a year?
thanks
ps: I could not find a forum for GC - general questions . I am sorry if tjis is the wrong place to post messages like this one.
Can a GC holder parent apply for a GC to his/hers minor child that is out-of-status for less than a year?
thanks
ps: I could not find a forum for GC - general questions . I am sorry if tjis is the wrong place to post messages like this one.
How old is child?
How and when did his/her parent get GC?
GC holder may petition for a minor child. It takes about 5 years for the process. A child, to still be able to adjust status in the USA, should be under 18 all the time.
You may get more precise info and advice if you give more details.
How and when did his/her parent get GC?
GC holder may petition for a minor child. It takes about 5 years for the process. A child, to still be able to adjust status in the USA, should be under 18 all the time.
You may get more precise info and advice if you give more details.
QUOTE(jula @ Aug 18 2007, 02:16 AM) 
How old is child?
How and when did his/her parent get GC?
GC holder may petition for a minor child. It takes about 5 years for the process. A child, to still be able to adjust status in the USA, should be under 18 all the time.
You may get more precise info and advice if you give more details.
How and when did his/her parent get GC?
GC holder may petition for a minor child. It takes about 5 years for the process. A child, to still be able to adjust status in the USA, should be under 18 all the time.
You may get more precise info and advice if you give more details.
Hey, the child is 13.
The mother just received her GC.
Does it take 5 years? still?
QUOTE(Boiler @ Aug 23 2007, 09:42 AM)
Ok, so my question now is: will the child be penalized because of the "out-of-status" situation?
QUOTE(lipslikesugar @ Aug 23 2007, 12:41 PM)
QUOTE(Boiler @ Aug 23 2007, 09:42 AM)
Ok, so my question now is: will the child be penalized because of the "out-of-status" situation?
Youonly start aquiring illegal pesence at age 18.
Child is obviously deportabe now.
How the child entered?
My K-2 entered a year after my husband, March 2005 and I did the adjustment on 12/06 so, more than a year and half. They just go approved on July, it last almost 7 months thanks God. Also they are 8 and 13 years old.
My K-2 entered a year after my husband, March 2005 and I did the adjustment on 12/06 so, more than a year and half. They just go approved on July, it last almost 7 months thanks God. Also they are 8 and 13 years old.
The child had a F-1 visa.
Is it better the child goes back to Brazil or stay here during the process?
thank you!
Is it better the child goes back to Brazil or stay here during the process?
thank you!
QUOTE(lipslikesugar @ Sep 10 2007, 09:33 AM)
The child had a F-1 visa.
Is it better the child goes back to Brazil or stay here during the process?
thank you!
Is it better the child goes back to Brazil or stay here during the process?
thank you!
F1 is not dual intent, but as long as Status is maintained should not be an issue.
QUOTE(Boiler @ Sep 10 2007, 12:19 PM)
QUOTE(lipslikesugar @ Sep 10 2007, 09:33 AM)
The child had a F-1 visa.
Is it better the child goes back to Brazil or stay here during the process?
thank you!
Is it better the child goes back to Brazil or stay here during the process?
thank you!
F1 is not dual intent, but as long as Status is maintained should not be an issue.
but he IS ou-of-status since last year.
what is the best thing to do?
thank you!
QUOTE(Gringa @ Sep 6 2007, 11:27 AM)
How the child entered?
My K-2 entered a year after my husband, March 2005 and I did the adjustment on 12/06 so, more than a year and half. They just go approved on July, it last almost 7 months thanks God. Also they are 8 and 13 years old.
My K-2 entered a year after my husband, March 2005 and I did the adjustment on 12/06 so, more than a year and half. They just go approved on July, it last almost 7 months thanks God. Also they are 8 and 13 years old.
Different situation when the petitioner is a USC
QUOTE(lipslikesugar @ Sep 10 2007, 01:52 PM)
QUOTE(Boiler @ Sep 10 2007, 12:19 PM)
QUOTE(lipslikesugar @ Sep 10 2007, 09:33 AM)
The child had a F-1 visa.
Is it better the child goes back to Brazil or stay here during the process?
thank you!
Is it better the child goes back to Brazil or stay here during the process?
thank you!
F1 is not dual intent, but as long as Status is maintained should not be an issue.
but he IS ou-of-status since last year.
what is the best thing to do?
thank you!
Consult an immigration attorney, first off to evaluate any other options available. Then consider that before leaving the US, that being out of status for 180 days or more carries a mandatory 3 year bar to admission.
Ok, but just the processing time would be about 3 years.... Will this time count as the 3 year bar to admission or not?
thank you!
thank you!
QUOTE(lipslikesugar @ Sep 11 2007, 08:15 PM)
Ok, but just the processing time would be about 3 years.... Will this time count as the 3 year bar to admission or not?
thank you!
thank you!
Once you are over 18 and have an ilegal presence of more than 1 year you have a 10 year Ban.
QUOTE(lipslikesugar @ Sep 11 2007, 10:15 PM)
Ok, but just the processing time would be about 3 years.... Will this time count as the 3 year bar to admission or not?
thank you!
thank you!
Clock starts ticking upon departure of alien...
This is a complex area of the INA, that needs to be discussed with a competent immigration attorney. You can begin reading here...
http://www.immigrationlinks.com/news/news729.htm
QUOTE(diadromous mermaid @ Sep 12 2007, 11:57 AM)
QUOTE(lipslikesugar @ Sep 11 2007, 10:15 PM)
Ok, but just the processing time would be about 3 years.... Will this time count as the 3 year bar to admission or not?
thank you!
thank you!
Clock starts ticking upon departure of alien...
This is a complex area of the INA, that needs to be discussed with a competent immigration attorney. You can begin reading here...
http://www.immigrationlinks.com/news/news729.htm
Thank you !!!!!
So it is not that bad
The child is elegible for the "waiver" (child of a permanent resident).
what I am trying to find out now is what happens if the child d\stay in U.S.
thank you again!
How is a PR going to show extreme hardship in this case?
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