Minors covered under mothers application?

[tcruz01 0]

Hello everybody, I just had a question I'm sure someone can shed some more insight then I have My girlfriend was brought here from Mexico when she was 14 years old by her mom, Carmen. They both entered on tourist visas, her moms being a 10 year and my girlfriend Ana's being 1 year; therefore Ana's expired when she was 15, but she was still a minor. Her mom decided to remain in the US and they have been living here for 6 years now. When they first came over, my gf's mom, Carmen, was sponsored by her mom who is a citizen, to get a green card. So last week they finally received a letter saying that there will be a packet of papers sent to Carmen that she will need to fill out and then she will have a meeting scheduled.

My question is, will my gf, Ana, also receive a green card as well since she was a minor at the time Carmen was sponsored by her mom? And yes, Ana's name is listed on the original paperwork as being a child of her mother.

2nd, is there a possibility Carmen will be fined for living in the US on a tourist visa rather than just visiting like it's meant for or can she be barred for 10 years since technically it's a form of "overstaying" the visa. Also, will Ana face the same punishment since she was 14 when Carmen brought her over and is now 20.

Looking forward to some new information!! and if I need to clarify anything let me know

Thanks in advance,

TJ

[jula 0]

Hm, not so simple situation

Here is how I see it (in a few simple terms):

Carmen has been out of status for about 6 years, Ana for 2 years (since her 18th birthday)(doesn't matter how long their visas were valid, but how long was their authorised stay in the USA, determined at POE, normaly 3-6 months)

Carmen can't adjust status in the USA based on her mother's petition because she is out of status (has no status to adjust from). Consequently, Ana can't do that either. There may be a waiver available: Carmen has to prove that her mother will suffer extreme hardship if Carmen and Ana are not allowed to stay. That would be an in-country waiver; long process and hard to get.

The other option is that Carmen and Ana leave the USA and go through consular processing to get proper immigrant visa. Once they leave, 10 year ban on return will start because of their overstay. Visa is first denied, extreme hardship waiver is filed, and if approved they can get visas and return.

Now.. about Ana. The laws are in place to prevent children to age-out (not be considered children and dependants for immigration purpos). The cut-off age is 21. So, Ana is still included in the petition as long as she is under 21 and single.

Well, the waiver process in the USA takes a long time... meaning Ana may turn 21 before it is decided. Then her age will be calculated and it will depend on how long original I-130 from grandmother had been pending. If that was 2 years, Ana is OK until she turns 23. If that was 6 months, Ana will age out (not be eligible to adjust status or get visa as dependant on her granmother's petition for her mother) at 21,5...

Waiver process through Mexico consulate may take less time.

They need to look into different options, see how much time there is for Ana and decide which way to go... and they may need a lawyer to guide them.

... maybe I forgot something, but I am sure others will add

Edited November 26, 2008 by jula

[tcruz01 0]

Hm, not so simple situation

Here is how I see it (in a few simple terms):

Carmen has been out of status for about 6 years, Ana for 2 years (since her 18th birthday)(doesn't matter how long their visas were valid, but how long was their authorised stay in the USA, determined at POE, normaly 3-6 months)

Carmen can't adjust status in the USA based on her mother's petition because she is out of status (has no status to adjust from). Consequently, Ana can't do that either. There may be a waiver available: Carmen has to prove that her mother will suffer extreme hardship if Carmen and Ana are not allowed to stay. That would be an in-country waiver; long process and hard to get.

The other option is that Carmen and Ana leave the USA and go through consular processing to get proper immigrant visa. Once they leave, 10 year ban on return will start because of their overstay. Visa is first denied, extreme hardship waiver is filed, and if approved they can get visas and return.

Now.. about Ana. The laws are in place to prevent children to age-out (not be considered children and dependants for immigration purpos). The cut-off age is 21. So, Ana is still included in the petition as long as she is under 21 and single.

Well, the waiver process in the USA takes a long time... meaning Ana may turn 21 before it is decided. Then her age will be calculated and it will depend on how long original I-130 from grandmother had been pending. If that was 2 years, Ana is OK until she turns 23. If that was 6 months, Ana will age out (not be eligible to adjust status or get visa as dependant on her granmother's petition for her mother) at 21,5...

Waiver process through Mexico consulate may take less time.

They need to look into different options, see how much time there is for Ana and decide which way to go... and they may need a lawyer to guide them.

... maybe I forgot something, but I am sure others will add

Thank you for that very very helpful information Jula!!!

So does that mean if Ana gets married before she ages out, that she can still file for AOS and the other necessary forms? Or since she's already been petitioned for through her grandma, is that not an option? I wouldn't marry her for solely that reason, but we've been dating for 1.5 years and have talked about marriage anyhow and we'd be willing to plan it earlier if she could still file for the AOS (since she's not 21 until May).

Edited November 26, 2008 by tcruz01

[jula 0]

If Ana gets married, she is no longer eligible to be a dependant on the petition for her mother.

Then, you can petition for her (you are US citizen, aren't you?). As a spouse of USC, she can adjust status in the USA (overstay will be forgiven).

[tcruz01 0]

If Ana gets married, she is no longer eligible to be a dependant on the petition for her mother.

Then, you can petition for her (you are US citizen, aren't you?). As a spouse of USC, she can adjust status in the USA (overstay will be forgiven).

Your amazing Jula

Yes, I'm a citizen and it seems that would be the easiest step to keep her here and prevent her from the 10 year ban. It's so sad to see kids having to pay for there parents mistakes these days when they've been raised to pretty much only know the US. She wouldn't be able to file for the "hardship" for her grandma because her grandma has dual citizenship and lives in Mexico anyhow, not the US. Looks like I better start thinking of some amazing ways to propose and make her the happiest woman in the world

[jula 0]

grandma has dual citizenship and lives in Mexico anyhow, not the US

hm, that leaves Carmen in a cold water..

Good luck and thanks for nice words...

[tcruz01 0]

grandma has dual citizenship and lives in Mexico anyhow, not the US

hm, that leaves Carmen in a cold water..

Good luck and thanks for nice words...

Carmen has actually talked about moving back to Mexico for family, but she's just trying to give my gf and her sister (her 2 kids) the opportunities America has as compared to what Mexico has to offer.

Edited November 26, 2008 by tcruz01

[aaron2020 11,651]

grandma has dual citizenship and lives in Mexico anyhow, not the US

hm, that leaves Carmen in a cold water..

Good luck and thanks for nice words...

Carmen has actually talked about moving back to Mexico for family, but she's just trying to give my gf and her sister (her 2 kids) the opportunities America has as compared to what Mexico has to offer.

Carmen really blew it for her kids by overstaying. She had a legal way for her entire family to immigrate, and she blew it by doing something very illegal. Ana is lucky to have you.

How old is Ana's sister? Does she have a bf who is willing to marry her? If not, Ana can petition for her after she becomes a US citizen. This will take at least 15+ years during which time her sister will have to be in compliance with US immigration laws (i.e., not be in the US illegally). Ouch!

Edited November 26, 2008 by aaron2020

[tcruz01 0]

grandma has dual citizenship and lives in Mexico anyhow, not the US

hm, that leaves Carmen in a cold water..

Good luck and thanks for nice words...

Carmen has actually talked about moving back to Mexico for family, but she's just trying to give my gf and her sister (her 2 kids) the opportunities America has as compared to what Mexico has to offer.

Carmen really blew it for her kids by overstaying. She had a legal way for her entire family to immigrate, and she blew it by doing something very illegal. Ana is lucky to have you.

How old is Ana's sister? Does she have a bf who is willing to marry her? If not, Ana can petition for her after she becomes a US citizen. This will take at least 15+ years during which time her sister will have to be in compliance with US immigration laws (i.e., not be in the US illegally). Ouch!

No, unfortunately her sister is 16 and doesn't have a bf either. She just got caught for shoplifting yesterday as well