Petition for my daughter- i485

[ladyhs 0]

Hello everyone 

I’m hoping to get the right data. I’m going to petition this week for my adult over 21 years of age unmarried daughter. I’m am a US citizen. She lives in US already and it is under the TPS status. She was brought here when she was 6 months old on a tourist visa and overstayed and then TPS was granted. 
 

Any idea if she would have to go back to her country when the i485 adjustments happens ? 
 

im confused some people are telling me she will need to go back to wait for the green card once the letter is received from uscis. 
 

anyone has gone through this? 

[Boiler 43,476]

How was she brought here.

 

Going to be a long time before she could adjust

 

Why have you waited to sponsor her

[Redro 4,600]

1 hour ago, ladyhs said:

Hello everyone 

I’m hoping to get the right data. I’m going to petition this week for my adult over 21 years of age unmarried daughter. I’m am a US citizen. She lives in US already and it is under the TPS status. She was brought here when she was 6 months old on a tourist visa and overstayed and then TPS was granted. 
 

Any idea if she would have to go back to her country when the i485 adjustments happens ? 
 

im confused some people are telling me she will need to go back to wait for the green card once the letter is received from uscis. 
 

anyone has gone through this? 

Which country is your daughter from? 
When did you file the I130? 

[NorthByNorthwest 216]

1 hour ago, ladyhs said:

Hello everyone 

I’m hoping to get the right data. I’m going to petition this week for my adult over 21 years of age unmarried daughter. I’m am a US citizen. She lives in US already and it is under the TPS status. She was brought here when she was 6 months old on a tourist visa and overstayed and then TPS was granted. 
 

Any idea if she would have to go back to her country when the i485 adjustments happens ? 
 

im confused some people are telling me she will need to go back to wait for the green card once the letter is received from uscis. 

 

As long as the TPS status of her country remains active (and she regularly re-applies) she is lawfully present in the US and does not need to go back. However, if the TPS status of the country is terminated she would need to leave while waiting for a visa to become available. Note that F1 availability for unmarried adult child will likely take at least 10 years at this point, plus if she gets married she moves to F3 which takes at least 15 years. 

 

All of that hinges on the fact that her last entry into the US was lawful (on tourist visa). The overstay timer is stopped while she is on TPS, and overstays are forgiven for immediate relatives anyway, but a lot of things can change during the 10-15 years the process will take, there are no guarantees.

[ladyhs 0]

On 3/17/2024 at 10:19 PM, NorthByNorthwest said:

 

As long as the TPS status of her country remains active (and she regularly re-applies) she is lawfully present in the US and does not need to go back. However, if the TPS status of the country is terminated she would need to leave while waiting for a visa to become available. Note that F1 availability for unmarried adult child will likely take at least 10 years at this point, plus if she gets married she moves to F3 which takes at least 15 years. 

 

All of that hinges on the fact that her last entry into the US was lawful (on tourist visa). The overstay timer is stopped while she is on TPS, and overstays are forgiven for immediate relatives anyway, but a lot of things can change during the 10-15 years the process will take, there are no guarantees.

Thank you so much for your response. That was my guess as well. We asked a lawyer and they said she would have to go back which I found strange, I think they didn’t take into account that her status is legal currently under the TPS.

[Boiler 43,476]

43 minutes ago, ladyhs said:

Thank you so much for your response. That was my guess as well. We asked a lawyer and they said she would have to go back which I found strange, I think they didn’t take into account that her status is legal currently under the TPS.

My assumption is that the Lawyer had answers to the questions we do not.

[Family 3,483]

Since your daughter was inspected / visa entry and  IF she did not accrue ULP/ unlawful presence as a minor nor work without authorization…assuming here she got TPS before turning 18 ….then yes she could adjust as daughter of USC when priority date rolls around. 
 

I would not stop you from a parent’s prayer 🙏 Please let her fall in love a marry a US Citizen ….before the presidential elections 😂

 

 

 

https://www.uscis.gov/sites/default/files/err/A1 - Certification/Decisions_Issued_in_2019/AUG272019_02A1245.pdf

While TPS recipients are considered as being in and maintaining lawful status as a nonimmigrant only during the period that TPS is in effect, a grant of TPS does not cure or otherwise impact any previous failure to maintain continuously a lawful status. USCIS Policy Memorandum, PM-602-0172, Matter o f H-G-G- , Adopted Decision 2019-01 (AAO July 31, 2019). Consequently, the Applicant is subject to the bar to adjustment under section 245(c)(2) of the Act because she failed to maintain continuously a lawful status for the 13 years prior to her grant of TPS.

 

https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20220701-TPSAndAOS.pdf