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Nay05

File I130 for child over 21 who is already in the USA

By Nay05 in Bringing Family Members of US Citizens to America

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Nay05 Explorer

Nay05   5

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Filed: Citizen (pnd) Country: Jamaica
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Can my mom file for my sister who is here in the US with her daughter both traveled with on thier visitor's visa? And if she can could she also file for EAD card and I131 while she waits on the process?

 

I know it's not right to travel on your visitors visa so please I don't need the bashing I just need to find out how I can help her because her husband died and she struggling to take care of her daughter. Thanks for any info!

appleblossom Experienced

appleblossom   2,694

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Filed: EB-1 Visa Country: United Kingdom
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Posted (edited)
15 minutes ago, Nay05 said:

Can my mom file for my sister who is here in the US with her daughter both traveled with on thier visitor's visa? And if she can could she also file for EAD card and I131 while she waits on the process?

 

I know it's not right to travel on your visitors visa so please I don't need the bashing I just need to find out how I can help her because her husband died and she struggling to take care of her daughter. Thanks for any info!


She can file but unfortunately it isn’t possible for anybody other than immediate relatives to file to adjust status & stay, as per the advice given to you previously. So she’ll need to leave before her visa expires and wait outside the US. 
 

Edited by appleblossom
Pinkrlion Mentor

Pinkrlion   2,724

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Filed: Country: Jamaica
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Posted

Yes She will need to file I-130 for both if your mom is a US Citizen.  But your sister and her daughter will have to return home until it’s processed. They cannot stay here while it is being processed. 

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Dashinka Grand Master

Dashinka   24,598

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Filed: Citizen (apr) Country: Russia
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Posted

As @appleblossom, and @Pinkrlion mentioned, yes, the mother can file an I130, but your OP seems to ask if they can AOS.  This is not possible for someone in the F1 class (unmarried child of USC) cannot AOS since that visa class is not current according to the Visa Bulletin (around 8-10 years for a visa if the I130 is filed now).

 

Good Luck!

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mytruelove18 Rising Star

mytruelove18   608

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Filed: K-1 Visa Country: Dominican Republic
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10 hours ago, Pinkrlion said:

Yes She will need to file I-130 for both if your mom is a US Citizen.  But your sister and her daughter will have to return home until it’s processed. They cannot stay here while it is being processed. 

A grandmother can not file for a grandchild.

The mother usc only can file for her daughter but the daugther can not aos in usa. She wont get a green card if stay out of status.

K1 2017

Aos sent April 2018

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Crazy Cat Grand Master

Crazy Cat   41,981

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Filed: Citizen (apr) Country: Taiwan
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Posted (edited)
11 hours ago, Nay05 said:

Can my mom file for my sister who is here in the US with her daughter both traveled with on thier visitor's visa? And if she can could she also file for EAD card and I131 while she waits on the process?

 

I know it's not right to travel on your visitors visa so please I don't need the bashing I just need to find out how I can help her because her husband died and she struggling to take care of her daughter. Thanks for any info!

Mom can file I-130 for your sister.  Sister cannot legally stay in the US.  Sister cannot work inside the US.  They must leave at the end of authorized stay. 

Edited by Crazy Cat

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Boiler Grand Master

Boiler   45,670

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Filed: K-1 Visa Country: Wales
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Posted

Same answer as here, now the child may or may not be eligible, how old is the child?

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Dashinka Grand Master

Dashinka   24,598

Posted
Filed: Citizen (apr) Country: Russia
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Posted
1 hour ago, mytruelove18 said:

A grandmother can not file for a grandchild.

The mother usc only can file for her daughter but the daugther can not aos in usa. She wont get a green card if stay out of status.

The daughter over 21 and now unmarried (widowed) should fall under F1 category which allows derivatives, so the mother only needs to file for the daughter.

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Boiler Grand Master

Boiler   45,670

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

I think your niece has a passable chance of being included.

“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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