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kayleegood2018

Can I adjust status for a child?

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I am a LPR greencard holder, my spouse is a USC. My child is visiting us here at the moment on an ESTA visa and wishes to stay. 

Her biological father does not have joint custody as he is deceased. 

Can we adjust status from here? If so, how can we do this on the USCIS website. also will she be able to attend school whilst it is pending? Options available? 

her age is 11.

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You can file to adjust

 

School requirements are not immigration related, obviously lots of children here illegally go to school, contact the school and ask what documents, medical records they need.


“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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You Husband is the one to file as the child is his immediate relative.


“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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31 minutes ago, kayleegood2018 said:

even though the child is a step child?

Yes. He is the only one who can file to adjust status. If you file, the child must return home and wait approx 2 years for the priority date to become current. 


 

 

 

 

 

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Only a USC can file for adjustment of status.  Since you married your USC husband/ the stepfather while the child was a minor, he can file for adjustment.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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