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LuvHaleiwa

Step-daughter here, doesn't want to go home.

By LuvHaleiwa in Adjustment of Status from Work, Student, & Tourist Visas

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f&c Collaborator

f&c   50

Posted
Filed: Citizen (apr) Country: Haiti
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While definitely possible, USCIS some people on VJ frown upon doing AOS while on a tourist visa or VWP, they usually consider it fraud.

That cracked me up. Thanks for that.

AOS

I am the petitioner:
11/11/2013 filed I-130, I-485, and I-765 concurrently
11/19/2013 NOA1
11/29/2013 received biometrics appointment letter
12/06/2013 RFE
12/19/2013 biometrics completed
12/20/2013 RFE Response mailed to NSC
12/21/2013 RFE Response delivered to NSC
12/24/2013 Case placed in RFE Review status
01/16/2014 EAD in document production
01/21/2014 EAD mailed out
01/22/2014 I-485 placed in Testing and Interview status
01/23/2014 EAD received

05/07/2014 Received notification that interview is scheduled for June 12

06/12/2014 Interview. I-130 approved, but AOS pending decision

06/13/2014 AOS approved

06/18/2014 Notification that Green Card has been mailed

06/20/2014 Received green card and welcome letters

I-751:Removal of Conditions

03/19/2016 Mailed I-751 package to VSC via USPS Priority Express

03/21/2016 VSC received I-751

03/25/2016 $590 check cashed

03/28/2016 Received NOA1 dated 03/22/2016

04/08/2016 Received biometrics appointment for 04/18/2016
04/18/2016 Biometrics completed

03/25/2017 Received approval letter (date of approval was 03/19/2017)

04/04/2017 Received "New card is being produced" text messages and emails

03/19/2017 ROC approved

N-400: Naturalization

04/19/2017 Priority date

05/15/2017 Biometrics completed

06/16/2017 Case in line for an interview

12/04/2017 Interview was scheduled 

12/09/2017 Received interview appointment letter 01/09/2018

01/09/2018 Interview (passed tests and recommended for approval)

01/23/2018 Online status updated to "Oath Ceremony Will Be Scheduled"

03/14/2018 Online Status updated to "Oath Ceremony Notice Was Mailed" (letter received 03/17)

03/28/2018 Oath Ceremony...wife is a U.S. Citizen!

 

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Boiler
Boiler

While definitely possible, USCIS some people on VJ frown upon doing AOS while on a tourist visa or VWP, they usually consider it fraud.

Harpa Timsah
Harpa Timsah

Fascinating, yet, totally irrelevant, since the child would be in a period of authorized stay the whole time. I think your cons are a little made up.

Nich-Nick
Nich-Nick

Boiler I am just treading lightly so Ryan H doesn't kick me off Visa Journey again because he thinks I am advocating one thing or another. Thus I am skirting her issue and giving a politically correct

Boiler Grand Master

Boiler   43,561

Posted
Filed: K-1 Visa Country: Wales
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Posted

The only issue I see on this thread is the dangers of being dictated to by a 14 year old, but that is a very different issue.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Ian H. Proficient

Ian H.   207

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Filed: IR-1/CR-1 Visa Country: Dominican Republic
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http://www.nolo.com/legal-update/when-visa-waiver-entrants-can-apply-adjust-status-the-us-uscis-issues-clarification.html

According to this, the child can apply for AOS based on VWP, which I never said she couldn't. However, there are risks as there are always risks. Although the chances of being arrested by ICE are very very slim especially for a minor child.

Therefore, you should consult an immigration lawyer to be aware of all of the legal pros and cons, that way you can make an informed decision, since everyone's situation is different. Plenty of immigration lawyers provide free consultations.

If everything is good to go then doing the AOS shouldn't be an issue, she should file before the I-94 expires, which is in October, so the child still has a couple of months to submit the application.

This does not constitute legal advice.

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Harpa Timsah Grand Master

Harpa Timsah   13,258

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Filed: Lift. Cond. (apr) Country: Israel
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Why would a child with pending AOS be arrested? Or a child with a valid I-94? Or anyone in that situation?

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Boiler Grand Master

Boiler   43,561

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Filed: K-1 Visa Country: Wales
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Posted

Why would a child with pending AOS be arrested? Or a child with a valid I-94? Or anyone in that situation?

Is she committed a Feloney, Obama's focus is on deporting those with a criminal record.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Ian H. Proficient

Ian H.   207

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Filed: IR-1/CR-1 Visa Country: Dominican Republic
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I didn't say she would be arrested. I was just referring to the article I read about in the link I posted about being arrested by ICE with a pending AOS.

Why would a child with pending AOS be arrested? Or a child with a valid I-94? Or anyone in that situation?

FYI the fact that someone is a child, doesn't make them immune to removal proceedings.

This does not constitute legal advice.

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Ian H. Proficient

Ian H.   207

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Filed: IR-1/CR-1 Visa Country: Dominican Republic
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Posted

Also when I mentioned to consult a lawyer I wasn't referring to being a arrested since the chances of her stepdaughter being arrested are next to none, but rather the pros and cons of filing AOS vs an immigrant visa

This does not constitute legal advice.

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Boiler Grand Master

Boiler   43,561

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Filed: K-1 Visa Country: Wales
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Pro

It will not take a year or so

Con

It will take a year or so

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Harpa Timsah Grand Master

Harpa Timsah   13,258

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Filed: Lift. Cond. (apr) Country: Israel
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FYI the fact that someone is a child, doesn't make them immune to removal proceedings.

Fascinating, yet, totally irrelevant, since the child would be in a period of authorized stay the whole time.

I think your cons are a little made up.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Ian H. Proficient

Ian H.   207

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Filed: IR-1/CR-1 Visa Country: Dominican Republic
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Posted

You were the one that asked why would a child be arrested. However, I just wanted to make clear that just because you are a child doesn't mean you can't be placed into removal proceedings.

As for the cons, I wasn't referring to her stepdaughter being arrested because she is still in valid status and has no reason to be arrested. I was referring to the possibility of the AOS being denied, again not that she would be denied if she otherwise meets all other requirements.

I was simply informing the OP to make an informed decision, not a biased one, since sometimes the faster route isn't always the best route.

Fascinating, yet, totally irrelevant, since the child would be in a period of authorized stay the whole time.

I think your cons are a little made up.

This does not constitute legal advice.

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Boiler Grand Master

Boiler   43,561

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Filed: K-1 Visa Country: Wales
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Basically the Adults should be making the call not the child.

I have a Granddaughter who is so close to being grounded for life you would not believe. They seem to work on the basis that you have lost your mental capability and can be maneuvered into doing what ever they want.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
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Posted

Minors do not begin to incur overstay until they turn 18.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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2ndMessiah Rising Star

2ndMessiah   184

Posted
Filed: Citizen (apr) Country: United Kingdom
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Posted

Getting the child into school might be fun.

I suppose it depends what State she is in.

Thank you, goodnight and may your gods go with you",

Dave Allen.

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