A friend of mine is in danger of getting deported. Here is the situation as I understand it:
8 years ago her mother came to the US on a K-1 Visa. As her daughter, she was automatically given a K-2 Visa. After arriving, the mother used a lawyer to apply for a Green Card. The lawyer assured her that her daughter's application had also been sent for processing. Very recently, her mother was granted a Green Card under the VAWA (Violence Against Women Act). She divorced the person she had originally come to the US with, and married someone else.
When they went to inquire about my friend's status, they were told that the process of her deportation had begun. Apparently, there was no record of any application ever being filed, and the K-2 Visa had long expired. Basically, she has been living here for several years illegally. This is where she is at now. She is over age 18, but under 21. The state where this is occuring is Washington.
The questions I have are:
- Since she is not yet 21, can't she still be considered a dependant of her mother, a LPR?
- Can her new stepfather be considered her sponsor? (I read somewhere this had to be done before age 18)
- Does she have any protection as the child of an abused woman under the VAWA?
- Is there anything she can do to assure that she is not deported? (forms, actions, etc.)
Any information that would help her would be greatly appreciated.
Full Version: Adjusting status of Child of LPR
VisaJourney.com > General Family Based Immigration Topics > Bringing family members of Permanent Residents to America
QUOTE(Irinei @ Apr 12 2006, 10:20 PM) 
A friend of mine is in danger of getting deported. Here is the situation as I understand it:
8 years ago her mother came to the US on a K-1 Visa. As her daughter, she was automatically given a K-2 Visa. After arriving, the mother used a lawyer to apply for a Green Card. The lawyer assured her that her daughter's application had also been sent for processing. Very recently, her mother was granted a Green Card under the VAWA (Violence Against Women Act). She divorced the person she had originally come to the US with, and married someone else.
When they went to inquire about my friend's status, they were told that the process of her deportation had begun. Apparently, there was no record of any application ever being filed, and the K-2 Visa had long expired. Basically, she has been living here for several years illegally. This is where she is at now. She is over age 18, but under 21. The state where this is occuring is Washington.
The questions I have are:
- Since she is not yet 21, can't she still be considered a dependant of her mother, a LPR?
- Can her new stepfather be considered her sponsor? (I read somewhere this had to be done before age 18)
- Does she have any protection as the child of an abused woman under the VAWA?
- Is there anything she can do to assure that she is not deported? (forms, actions, etc.)
Any information that would help her would be greatly appreciated.
How old was she when her mother re-married.
What happened to the VAWA application, what did the lawyer have to say? Did they get a receipt?
Sounds like she needs a better lawyer, could try posting here:
http://britishexpats.com/forum/forumdisplay.php?f=35
Probably a better bet than here.
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