Help! What am I missing?!

[Vanessa + Mario 4]

Hey guys! 

My friend is trying to adjust the status of her daughter. My friend is a USC. Her daughter was born in Mexico. Against my advice, she didn't register her daughter w/ the American consulate. 

Her daughter is here on a B1/B2 visa. My friend decided to adjust her daughter's status now that she is here. 

I've seen AOS checklists but they are not for this kind of case- does anyone know where I can find exactly what she needs?

 

thank you! I really appreciate it!

[NigeriaorBust 4,087]

 How did your friend get their USC ?    If they had it long enough when the child was born there is NO path to a visa.  They will not issue a visa to someone that has claim to USC themselves. 

[Penguin_ie 5,994]

****** Moving from AOS from Family Visa to AOS from Tourist Visa. ******

 

When you say the child was not registered with the consulate, what exactly do you mean? The birth of a foreign child need not be registered, but if the daughter had a claim to US citizenship, then that will complicate matters.  Similarly, if the mom came on a visa where she was supposed to list all kids, but did not.

[Vanessa + Mario 4]

9 hours ago, NigeriaorBust said:

 How did your friend get their USC ?    If they had it long enough when the child was born there is NO path to a visa.  They will not issue a visa to someone that has claim to USC themselves. 

My friend was born here, and her parents moved to Mexico when she was 8yo. She hadn't been in the US in16 years. Her daughter was born in Mexico, and she brought her daughter on a B1/B2 visa. They have decided to stay in the US, but we're told by USCIS they have to file AOS for her daughter.

[Vanessa + Mario 4]

31 minutes ago, Penguin_ie said:

****** Moving from AOS from Family Visa to AOS from Tourist Visa. ******

 

When you say the child was not registered with the consulate, what exactly do you mean? The birth of a foreign child need not be registered, but if the daughter had a claim to US citizenship, then that will complicate matters.  Similarly, if the mom came on a visa where she was supposed to list all kids, but did not.

I was told that when a child of a USC is born outside of the US, they have one year to register (now I'm wondering if that is the correct term) her daughter w/ the consulate. Consular report of birth abroad? Don't know if that's what it's called. She now wants AOS for her daughter, since they have decided to stay here. Mother is USC. 

[MXcompadre 75]

I suggest your friend refer to and read this information posted on the U.S. Immigration website, 'U.S. Citizenship for Children FAQ'. Web-link = https://www.immigrationdirect.com/us-citizenship-children.jsp

[MXcompadre 75]

Vanessa + Mario these are two other informational resources posted here on the VJ website = http://www.visajourney.com/content/child, and http://www.visajourney.com/content/childpet.  

[NikLR 13,227]

Sounds like your friend couldn't file a CRBA due to lack of time in the USA after age 14.  So the child can derive citizenship when they are in the USA, as an LPR, in the custody of a USC parent.   I know why your friend, a USC, is adjusting the status  of her daughter. 

[Vanessa + Mario 4]

11 hours ago, MXcompadre said:

Vanessa + Mario these are two other informational resources posted here on the VJ website = http://www.visajourney.com/content/child, and http://www.visajourney.com/content/childpet.  

Thank you soooo much the links!!! They were very helpful. ?