12 Year Old in Trouble - Need some advise

[kennym 275]

All

I never believed we would end up in this situation... but here we are...

My wife, now 4 years arrived in Dec 2010 from Colombia, is now an LPR, Her 12 year old daughter (Valentina) has been living in Colombia.. But had been granted a tourist VISA... She has been here to visit 3 times along with her grandmother... Her real father, has not allowed us to pursue any kind of imigration, only short occasional visits..

On this most recent trip, Christmas 2014, after she arrived, her Father told My Wife (Daughters Mom) that he would not be able to take the daughter back.. However, he changed his mind several times.. In meanwhile, while we were in discussions with the Dad, we enrolled in a local private academy so she could make some friends and not lose out during the back-and-forth with her dad... Her I-94 didnt expire until Jun 2015.. So we felt we had time to work out things to determine if in fact that the dad would or would not fight us if we pursue adjustment of status or make things dificult for us.. We finally in the last few days came to an realtize, I (USC) would file 1-130 and I-485 to adjust her status based on our marriage.

Well... We live on the Mexico Border.. My wife likes to play Volley Ball, and we dont have much organized Volley ball here in Del Rio, so she goes to Mexico... last night, she went to Mexico with here daughter.. On the trip back, she was questioned by the Agents at the POE, the eventually, the Agents felt we had violated terms of our visa, by enrolling our 12 yo Daughter in class..

They cancelled her visa, and gave Valentina a NEW I-94 which expires in 15 days... We were told she is being Paroled back into the US and to make arrangements to have her leave by 16 feb...

They kept her passport and told us to make the arrangements to get her back to Colombia...

So, what are our options???

Can I file the I-130 and I-485 which would prevent any further proceedings against Valentina, or are we basically out of luck.. please help...

We didnt intend to hide anything, my wife answered truthfully, we simply didnt realize we were doing something wrong..

Thanks for any help and advise you can provide...

[aaron2020 11,651]

Hi,

You have to send her back.

Now that you have been informed that what you have been doing is wrong, she will not be allowed to adjust.

Best of luck.

[canadian_wife 1,791]

They kept her passport? Then I do not believe you are able to adjust - which is why they probably kept her passport. When do they suspect you to retrieve the passport?

good luck

[Hypnos 6,576]

She's in a murky area, and it was inadvisable for the daughter to leave the US when her future was up in the air for precisely this reason.

That being said, parole counts as a legal entry and you can file to adjust her status, but she should not depart the US under any circumstances until she at least has AP, if not her green card.

Follow the guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2 (substitute "step-child" for "spouse"), and be sure to include a photocopy of your marriage certificate in addition to the other required evidence.

CBP kept her passport? That's a little unusual. Ask them to return it. I'm not sure if they are permitted by law to retain it in that manner.

Edited February 2, 2015 by Hypnos

[Not a Tailor 1,370]

Yeah, the passport keeping thing is weird. I don't think they'll let a person get on an international flight without a passport, so definitely you'll need to get it back even if she goes back to Colombia.

[Hypnos 6,576]

You have to send her back.

Now that you have been informed that what you have been doing is wrong, she will not be allowed to adjust.

You are mistaken. Parole is a legal entry for I-485 purposes.

They kept her passport? Then I do not believe you are able to adjust - which is why they probably kept her passport.

Having the daughter's passport is not required to file the I-485, although the OP should make every effort to re-acquire it.

[kennym 275]

She's in a murky area, and it was inadvisable for the daughter to leave the US when her future was up in the air for precisely this reason.

That being said, parole counts as a legal entry and you can file to adjust her status, but she should not depart the US under any circumstances until she at least has AP, if not her green card.

Follow the guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2 (substitute "step-child" for "spouse"), and be sure to include a photocopy of your marriage certificate in addition to the other required evidence.

CBP kept her passport? That's a little unusual. Ask them to return it. I'm not sure if they are permitted by law to retain it in that manner.

Hypnos

Thanks a bunch... your advise seems to be consistent with other things I've learned today... I am preparing the Documents now...

Anyone have any suggestions on how to get the passport back, should we wait and go to the Colombian Consulate in Houston?

What documents will we receive once we file the I485 and I130 that will get us past Imigration check points located near the border towns we live in? NOA?

I am watching this thread and would appreciate any more insight that any of you have regarding this situation...

Thanks again for everyones advise...

[Hypnos 6,576]

Once filed, you should carry a copy of the I-485 receipt NOA. Use this to show legal status at any internal CBP checkpoint, and, I reiterate, she should not leave the country under any circumstances until she has her AP.

Do you have any papers or anything like that from the CBP officers that took your daughter's passport? From some cursory research, contacting your nearest CBP Deferred Inspection facility would probably be a good first step: http://www.cbp.gov/sites/default/files/documents/deferred_inspection_sites_052914_0.xls

Either way, you should file for her AoS asap if that is the path you wish to pursue. That or have her depart on or before her parole expiration date, one or the other.

Edited February 3, 2015 by Hypnos

[Boiler 43,430]

Seems that you most likely got a pass. But she certainly breached the terms of her admissions and is deportable. Plenty of case law on the subject.

Parole is not the same as being admitted, well beyond a diy situation, you need competent legal representation.

And of course clarity on the fathers permission.

[Hypnos 6,576]

Parole is a legal entry as a basis to be able to file an I-485; this is stated in the I-485 instructions. In part this is how people who depart and re-enter on AP are able to adjust, since they are technically parolees.

I doubt she's deportable yet, but she will be after the 16th. If she wasn't a minor then I suspect she'd have just been denied entry.

Edited February 3, 2015 by Hypnos

[Boiler 43,430]

Parole is a legal entry as a basis to be able to file an I-485; this is stated in the I-485 instructions. In part this is how people who depart and re-enter on AP are able to adjust, since they are technically parolees.

I doubt she's deportable yet, but she will be after the 16th. If she wasn't a minor then I suspect she'd have just been denied entry.

Healy & Goodchild would seem to be the case on this, second time it has come up today!

[Hypnos 6,576]

Although that would require that it was the "primary purpose" of the daughter's visit, which seems unlikely.

[Boiler 43,430]

Not primary, secondary.

[Jawaree 717]

Parole is a legal entry, the papers can be filed

and you can apply for a New PP for her stating where

and who has the current one, so she will have a PP being

processed. The PP should not be kept how can she get on

a plane, at least a receipt should be issued for it.

She cannot leave the country until she has legal docs &

you should have not had her take that trip, be careful as

you are close to the border, that's why it important to

consult with one or 2 attys

[AmAjjD 33]

Gather everything to adjust and send the documents in overnighted. That's very odd that they kept her passport and told you to make arrangements to get her back to Colombia considering any international travel will require her passport. Get that back ASAP that could be a serious fault on their part I'm not sure they're legally allowed to do that.