mothers denied visa affect daughter 10 yr ban

[felix123 0]

Let's say a U.S. citizen marries an illegally crossing immigrant woman that has a soon to be 18.5 yr old daughter. They reside in U.S. and are currently waiting visa appointment in Juarez. But the mother has been in U.S. for more than a year illegally and will be subject to the 10 year bar so chances are she will be denied the visa. My question is, if the mother is denied a visa and the daughter leaves before 180 days after 18th b-day, will the daughter's visa approval be greatly affected by the mom's denied visa? Or once the petitioner petitions for each, are they separate cases? Like are the approvals greatly dependent on each other? Both mother and daughter have been in U.S. for 10 years.

[payxibka 10,045]

US Citizen is precluded from petitioning for the daughter if the marriage to the mother occurred after the child's 18th birthday, which in your fact pattern you say the child is almost 18.5 when the marriage was to occur

Edited September 11, 2011 by payxibka

[NigeriaorBust 4,087]

If the mothers CR1 is denied there is little chance for the daughters CR2, the purpose is to keep the family together.

[felix123 0]

US Citizen is precluded from petitioning for the daughter if the marriage to the mother occurred after the child's 18th birthday, which in your fact pattern you say the child is almost 18.5 when the marriage occurred

The U.S. citizen petitioned while the child was 17 and the marriage was when the daughter was 17. The i-130 have been approved and the i-864s are awaiting approval.

[felix123 0]

Let's say a U.S. citizen MARRIED an illegally crossing immigrant woman. AT the time of marriage and petitioning the immigrant's daughter WAS 17. The I-130 has been approved and I-864 has been sent for both the mother and daughter. They reside in U.S. and are currently waiting visa appointment in Juarez. But the mother has been in U.S. for more than a year, illegally and will be subject to the 10 year bar so chances are she will be denied the visa. Both mother and daughter have been in U.S. for 10 years.

My question is, if the mother is denied a visa and the daughter leaves before 180 days after 18th b-day, will the daughter's visa approval be greatly affected by the mom's denied visa? Or once the petitioner petitions for each, are they separate cases? Like are the approvals greatly dependent on each other?

(I posted something similar but was not clear that the daughter was 17 at time of marriage and that the I-130 had been approved. But at the current moment she is 1 month away from accumulating 180 days of unlawful presence. )

[felix123 0]

My current plan is this:

1. The daughter leaves in 3 weeks. (Does she need proof that she left before 180 days and how?)

2. The daughter stays with relatives of mine until her visa appointment

3. Visa appointment for both daughter and mother.

4. Mother gets denied and has I-601 waiver handy. While daughter gets approved?

The mother's spouse, the petitioner, has several health problems, unemployed, and receives SS. Their only real income comes from the immigrant. The SS is the only income. the spouse makes on his own. The mother also has a son with autism and he is over age but is in special programs in school to develop skills.

[Inky 1,111]

You don't need to post the whole question again. All you do is respond with saying she was 17 when the mother was married.

You need to keep your question in the same thread not keep making new ones.

http://www.visajourney.com/forums/topic/328995-mothers-denied-visa-affect-daughter-10-yr-ban/page__p__4895306#entry4895306

[fazmo 24]

No, my friend, the daughter won't be approved for visa if her mother is denied. The daughter's visa is derivative of her mother's. If the mother's immigration benefit is denied for any reason, the daughter's immigration benefit dies with it.

[Penguin_ie 5,994]

***** Two topics on the same issue (one from the CR-1 forum) merged. There is no need to start multiple topics on one subject, please give members some time to respond. *****

[Brother Hesekiel 2,236]

I already answered that question on another board a day or two ago.

If the mother's CR- is denied based on the bar she triggered for unlawful presence, then the daughter, who would ride piggyback on her mother's petition, would not be able to come on her own as the CR-2 is hinged on the CR-1.

[payxibka 10,045]

No, my friend, the daughter won't be approved for visa if her mother is denied. The daughter's visa is derivative of her mother's. If the mother's immigration benefit is denied for any reason, the daughter's immigration benefit dies with it.

no, in this scenario the daughters visa is NOT a derivative as both are immediate relatives of a USC

[payxibka 10,045]

I already answered that question on another board a day or two ago.

If the mother's CR- is denied based on the bar she triggered for unlawful presence, then the daughter, who would ride piggyback on her mother's petition, would not be able to come on her own as the CR-2 is hinged on the CR-1.

Then it is good that the question got asked again, as there is NO piggyback here... each has to have there own I-130

Edited September 11, 2011 by payxibka

[JimVaPhuong 4,863]

My current plan is this:

1. The daughter leaves in 3 weeks. (Does she need proof that she left before 180 days and how?)

2. The daughter stays with relatives of mine until her visa appointment

3. Visa appointment for both daughter and mother.

4. Mother gets denied and has I-601 waiver handy. While daughter gets approved?

The mother's spouse, the petitioner, has several health problems, unemployed, and receives SS. Their only real income comes from the immigrant. The SS is the only income. the spouse makes on his own. The mother also has a son with autism and he is over age but is in special programs in school to develop skills.

Payxibka is correct. The daughter's visa is not dependent on the mother's. It's a separate immediate relative petition.

As long as she leaves before it's been 180 days since her 18th birthday then she won't incur a ban. She must have proof of the day she left the US.

Nobody can guarantee that the daughter's visa will be approved, but the mother's ban won't have any affect on the daughter's visa.

[felix123 0]

except there is NO piggyback here... each has to have there own I-130

How likely, payxibka, do you think the daughter will be accepted? The daughter has not been in the country since she was 8 or 9. She has no real support in Mexico. She has several family members here in the U.S. as well as ways to help get her on her feet if she left her mother in Mexico. She graduated from high school here and speaks better English than Spanish. I think it would be extremely hard for her to adapt back to Mexican life. The reason I am worried she will be rejected is because even though her mother and her have filed seperate I-130's, if her mom gets rejected wouldn't NVC think hey now you have someone to help support you in Mexico or reject her maybe because she is still young and is dependent of her mother even though she is now an adult. Would any of that come into play?

[felix123 0]

Payxibka is correct. The daughter's visa is not dependent on the mother's. It's a separate immediate relative petition.

As long as she leaves before it's been 180 days since her 18th birthday then she won't incur a ban. She must have proof of the day she left the US.

Nobody can guarantee that the daughter's visa will be approved, but the mother's ban won't have any affect on the daughter's visa.

What type of stuff come into role when determining her approval in this case? She graduated high school here, speaks great english, has more family ties in the U.S., she will struggle to financially support herself in Mexico.