AOS Denied for daughter

[GALFONSO 0]

Hello everyone,

I recently had my interview with USCIS in chicago in regards to a AOS that I filed for my family. My son is currently 19 and was approved for his AOS. So was my wife and myself. However, my daughter was told by the interviewer (USCIS Agent) that she needed to check a formula on her computer to see whether she is able to be approved and that we should wait for an approval or denial letter. She is 27 years old and based on my calculations will age out. I wanted to know if any one out there has had the same issue before and what can be done so that she does not have to leave the country. I have not received a decision from USCIS yet. Any help would be appreciated.

The back ground on out case is this. I filed I-130 via my sister who is a us citizen. After a couple of year my visa number came and I was able to file my I-485 and supporting document. I filed for myself, wife, son and daughter .

[EstebanTrabajos 7]

Hello everyone,

I recently had my interview with USCIS in chicago in regards to a AOS that I filed for my family. My son is currently 19 and was approved for his AOS. So was my wife and myself. However, my daughter was told by the interviewer (USCIS Agent) that she needed to check a formula on her computer to see whether she is able to be approved and that we should wait for an approval or denial letter. She is 27 years old and based on my calculations will age out. I wanted to know if any one out there has had the same issue before and what can be done so that she does not have to leave the country. I have not received a decision from USCIS yet. Any help would be appreciated.

The back ground on out case is this. I filed I-130 via my sister who is a us citizen. After a couple of year my visa number came and I was able to file my I-485 and supporting document. I filed for myself, wife, son and daughter .

If she is out sadly she is out.

If she wants to stay in the country could be via a work, student or religious visa or through adjustment of status through marriage to a US citizen/permanent resident. If she happens to be a mother of a US citizen, the child can file for her when he/she turns 18.

That's the problem with AOS through siblings, since the process takes 10 years plus to complete, time sometimes runs out for children of the beneficiaries.

Sorry

Edited November 10, 2009 by TävôLuDô

[EstebanTrabajos 7]

I forgot to add,

She can also adjust status when her brother becomes a US citizen but as you may well know, the process will take 10 years or more to be completed.

[EstebanTrabajos 7]

I'm sorry, but I was busy at work...

You can file for your daughter now that you are a permanent resident, this will be a new process not a continuation of the case which gave you your permanent residence though.

A Permanent Resident can file for a child ONLY if he/she is unmarried (no problem w/age). This visas are limited in number that's why it will take years to complete the process.

In case you become a US citizen (you are able to apply for your citizenship 3 months shy of your 5th year anniversary of your permanent residence), you can also file for your child. The only difference in this category, is that it does not discriminate against the civil status of the beneficiary, married or not they qualify. Limited amount of visas as well, which equals more waiting.

Edited November 10, 2009 by TävôLuDô

[GALFONSO 0]

I'm sorry, but I was busy at work...

You can file for your daughter now that you are a permanent resident, this will be a new process not a continuation of the case which gave you your permanent residence though.

A Permanent Resident can file for a child ONLY if he/she is unmarried (no problem w/age). This visas are limited in number that's why it will take years to complete the process.

In case you become a US citizen (you are able to apply for your citizenship 3 months shy of your 5th year anniversary of your permanent residence), you can also file for your child. The only difference in this category, is that it does not discriminate against the civil status of the beneficiary, married or not they qualify. Limited amount of visas as well, which equals more waiting.

Thank you for the quick reply. One of the biggest issues we face at this time is that if she is denied mostly likely uscis will request she goes back to her country. correct? And if so will she be able to AOS into another status if she ignores her deportation order.

[payxibka 10,048]

I'm sorry, but I was busy at work...

You can file for your daughter now that you are a permanent resident, this will be a new process not a continuation of the case which gave you your permanent residence though.

A Permanent Resident can file for a child ONLY if he/she is unmarried (no problem w/age). This visas are limited in number that's why it will take years to complete the process.

In case you become a US citizen (you are able to apply for your citizenship 3 months shy of your 5th year anniversary of your permanent residence), you can also file for your child. The only difference in this category, is that it does not discriminate against the civil status of the beneficiary, married or not they qualify. Limited amount of visas as well, which equals more waiting.

Thank you for the quick reply. One of the biggest issues we face at this time is that if she is denied mostly likely uscis will request she goes back to her country. correct? And if so will she be able to AOS into another status if she ignores her deportation order.

No, once you are in removal proceedings (ie.. order of deportation) you are precluded from any other attempt towards a different status adjustment

[Dakine 26]

I'm sorry, but I was busy at work...

You can file for your daughter now that you are a permanent resident, this will be a new process not a continuation of the case which gave you your permanent residence though.

A Permanent Resident can file for a child ONLY if he/she is unmarried (no problem w/age). This visas are limited in number that's why it will take years to complete the process.

In case you become a US citizen (you are able to apply for your citizenship 3 months shy of your 5th year anniversary of your permanent residence), you can also file for your child. The only difference in this category, is that it does not discriminate against the civil status of the beneficiary, married or not they qualify. Limited amount of visas as well, which equals more waiting.

Thank you for the quick reply. One of the biggest issues we face at this time is that if she is denied mostly likely uscis will request she goes back to her country. correct? And if so will she be able to AOS into another status if she ignores her deportation order.

Did she marry an American? Hint!

[payxibka 10,048]

I'm sorry, but I was busy at work...

You can file for your daughter now that you are a permanent resident, this will be a new process not a continuation of the case which gave you your permanent residence though.

A Permanent Resident can file for a child ONLY if he/she is unmarried (no problem w/age). This visas are limited in number that's why it will take years to complete the process.

In case you become a US citizen (you are able to apply for your citizenship 3 months shy of your 5th year anniversary of your permanent residence), you can also file for your child. The only difference in this category, is that it does not discriminate against the civil status of the beneficiary, married or not they qualify. Limited amount of visas as well, which equals more waiting.

Thank you for the quick reply. One of the biggest issues we face at this time is that if she is denied mostly likely uscis will request she goes back to her country. correct? And if so will she be able to AOS into another status if she ignores her deportation order.

Did she marry an American? Hint!

Is that a hint to use a marriage to a USC in exchange for immigration benefits?

[EstebanTrabajos 7]

I'm sorry, but I was busy at work...

You can file for your daughter now that you are a permanent resident, this will be a new process not a continuation of the case which gave you your permanent residence though.

A Permanent Resident can file for a child ONLY if he/she is unmarried (no problem w/age). This visas are limited in number that's why it will take years to complete the process.

In case you become a US citizen (you are able to apply for your citizenship 3 months shy of your 5th year anniversary of your permanent residence), you can also file for your child. The only difference in this category, is that it does not discriminate against the civil status of the beneficiary, married or not they qualify. Limited amount of visas as well, which equals more waiting.

Thank you for the quick reply. One of the biggest issues we face at this time is that if she is denied mostly likely uscis will request she goes back to her country. correct? And if so will she be able to AOS into another status if she ignores her deportation order.

is she ignores deportation, she will be denied if she wants to AOS...period

I don't think she will be denied if you file because all her family is living here, she has enough reason to stay but it will take years to complete. I'm sorry, there is no other way around. In the mean time, she can stay here in 6-month periods with a non-working tourist visa, stay longer if she is hired with a work visa or religious visa. The last choice would be to return to her home country and wait until your application gets approved and she can come legally to stay permanently.

You can start your application now as a second category, son or daughter of a permanent resident, and the moment you become a US citizen the application can get upgraded to a first category (son or daughter of a US citizen). This saves time at the end and enables people to start a lengthy process ASAP.

Edited November 11, 2009 by TävôLuDô

[GALFONSO 0]

I'm sorry, but I was busy at work...

You can file for your daughter now that you are a permanent resident, this will be a new process not a continuation of the case which gave you your permanent residence though.

A Permanent Resident can file for a child ONLY if he/she is unmarried (no problem w/age). This visas are limited in number that's why it will take years to complete the process.

In case you become a US citizen (you are able to apply for your citizenship 3 months shy of your 5th year anniversary of your permanent residence), you can also file for your child. The only difference in this category, is that it does not discriminate against the civil status of the beneficiary, married or not they qualify. Limited amount of visas as well, which equals more waiting.

Thank you for the quick reply. One of the biggest issues we face at this time is that if she is denied mostly likely uscis will request she goes back to her country. correct? And if so will she be able to AOS into another status if she ignores her deportation order.

is she ignores deportation, she will be denied if she wants to AOS...period

I don't think she will be denied if you file because all her family is living here, she has enough reason to stay but it will take years to complete. I'm sorry, there is no other way around. In the mean time, she can stay here in 6-month periods with a non-working tourist visa, stay longer if she is hired with a work visa or religious visa. The last choice would be to return to her home country and wait until your application gets approved and she can come legally to stay permanently.

You can start your application now as a second category, son or daughter of a permanent resident, and the moment you become a US citizen the application can get upgraded to a first category (son or daughter of a US citizen). This saves time at the end and enables people to start a lengthy process ASAP.

Thank you all for your help. I will let you guys know what we decided to do.