Unmarried daughter under 21 years

[bountyhunter 6]

My daughter is 19 years old and came here on B2 (tourist) visa and overstayed on her visa. I became a LPR couple of months ago through my son who is a US citizen. I spoke to an attorney and she said that while my daughter is eligible for a green card through second preference category, she is however not eligible for adjustment of status since she overstayed on her B2 (tourist) visa. I am legally blind and my daughter helps me to go around on a daily basis. Without her it will be physically and emotionally difficult for me to stay here by myself. Is there a way I could apply for her green card or is she just going to be on a limbo even though she is eligible for a green card through me? The attorney also emphasized that she can apply for the adjustment of status, however, USCIS will deny it since she is not eligible for adjustment of status. Please help me with any information that you may have. Thanks.

 

R

[belinda63 2,981]

The attorney is correct.

[USS_Voyager 1,971]

10 minutes ago, bountyhunter said:

The attorney also emphasized that she can apply for the adjustment of status, however, USCIS will deny it since she is not eligible for adjustment of status.

The attorney is absolutely correct. The laws state you cannot adjust status if you are out of status (overstay visa, illegal presence, ....) . There is only one exception, that is if she is being petitioned by a US citizen spouse. You’re not a US citizen and not a spouse, so that doesn’t help her.

 

The other thing is that depends on how long has she overstayed, she may have a 3 years ban or 10 years ban when she leaves the US. There is a waiver for that when that time comes, and that’s when all the hardships come in.

 

US immigration laws are pretty unforgiving when it comes to people who do things illegally.

[Unlockable 7,306]

14 minutes ago, bountyhunter said:

My daughter is 19 years old and came here on B2 (tourist) visa and overstayed on her visa. I became a LPR couple of months ago through my son who is a US citizen. I spoke to an attorney and she said that while my daughter is eligible for a green card through second preference category, she is however not eligible for adjustment of status since she overstayed on her B2 (tourist) visa. I am legally blind and my daughter helps me to go around on a daily basis. Without her it will be physically and emotionally difficult for me to stay here by myself. Is there a way I could apply for her green card or is she just going to be on a limbo even though she is eligible for a green card through me? The attorney also emphasized that she can apply for the adjustment of status, however, USCIS will deny it since she is not eligible for adjustment of status. Please help me with any information that you may have. Thanks.

 

R

Your lawyer is correct and,  quite frankly, the answer is not going to change if you ask here or other competent lawyers. It may not be what you want to hear but it is the truth. Your daughter is here unauthorized and can be in jeopardy of being detained. Your condition is not going cause her to get legal status.

[bountyhunter 6]

Thank you for the info @USS_Voyager and @Unlockable

[Celie 793]

28 minutes ago, bountyhunter said:

My daughter is 19 years old and came here on B2 (tourist) visa and overstayed on her visa. I became a LPR couple of months ago through my son who is a US citizen. I spoke to an attorney and she said that while my daughter is eligible for a green card through second preference category, she is however not eligible for adjustment of status since she overstayed on her B2 (tourist) visa. I am legally blind and my daughter helps me to go around on a daily basis. Without her it will be physically and emotionally difficult for me to stay here by myself. Is there a way I could apply for her green card or is she just going to be on a limbo even though she is eligible for a green card through me? The attorney also emphasized that she can apply for the adjustment of status, however, USCIS will deny it since she is not eligible for adjustment of status. Please help me with any information that you may have. Thanks.

 

R

I don't know the situation, but since it was your son who petitioned you I'm assuming he's the one who sponsored you and has the financial responsibility to take care of your needs, whether that be helping you get around on a daily basis or hiring someone to do that, etc. Your daughter's best bet is to return to her home country so she can begin the ticker on her ban time (if she has one) and while she waits that out, you can visit her a few months out of the year. Meanwhile, work on bringing her back via the right avenues and getting waivers for her overstay, if need be. I know this isn't what you want to hear and distance from loved ones is hard, trust me - we have all been through it unfortunately, but her staying here illegally will only affect her future. She can't legally work or drive and every time she walks out of the house is a liability of her being detained. Immigration takes a lot of time and sacrifice. I wish your family the best of luck.

[Boiler 43,462]

To sponsor a Parent takes a year or so, looks like this is a shared account and the Son has been active on here for some time.

 

So what was the plan, presumably this is not a recent issue, you knew the situation before going through this.

[USS_Voyager 1,971]

16 minutes ago, celie&joseph said:

every time she walks out of the house is a liability of her being detained

Even if she stays inside the house, she's still at risk of being detained...

[Celie 793]

4 minutes ago, USS_Voyager said:

Even if she stays inside the house, she's still at risk of being detained...

Ofc, at any point anywhere... I meant even stepping out the front door anything can happen.

[Going through 5,668]

How long has your daughter overstayed?

[bountyhunter 6]

@Going through Close to 3 years.

[Boiler 43,462]

So nothing really has changed the limbo she was in she remains in.

[SusieQQQ 11,584]

On 7/17/2019 at 3:30 PM, bountyhunter said:

@Going through Close to 3 years.

So she was 16 and obviously a school child still when she arrived? Did she come with you at the time? Whose decision was it for her to overstay, surely not one she took by herself?

Edited July 20, 2019 by SusieQQQ