newbieimm

Lesson learned,  now what do you guys suggest that we should do? Do you think that they can deny the visa to her because of this?

Just now, SusieQQQ said:

Were both her parents petitioned?

Yes.

1 minute ago, geowrian said:

On what basis did they gain LPR status? Normally a child would be included in that process...

Exactly! My wife US Citizen petition them with her sister (they needed help and that was our way to help them bring them over to live with us), after the process started we found out that my sister in law won't be able to be in the same process. We though since she was only 11 and they live/depend or my in laws it will be logical or her to qualify, but that wasn't the case.

1 minute ago, Jorgedig said:

But don't you see?  Overstaying and illegal immigration ruins things for others who are trying to do things the right legal way.  

It is really easy to judge when you are not in the other person shoes, how do you know we didn't try the legal way? Stuff happens that unfortunately we don't control.

2 minutes ago, SusieQQQ said:

Well of course firstly she violated her B status by attending school on a B visa. 
if she had been legal at school she would have been on an F visa, and these are the guidelines, official website of the Department of State.  (There is no way being illegal makes them less lenient than being legal by the way, despite your apparent total unconcern about the fact that she was out of status for so long)

 

https://travel.state.gov/content/travel/en/us-visas/study/student-visa/foreign-students-in-public-schools.html

extracts :

 

F-1 secondary school students are required to pay the school the full cost of education by repaying the school system for the full, unsubsidized, per capita cost of providing the education to him or her.

 

Foreign students who want to attend public secondary school (high school) must pay the full cost of education. This amount is listed under "tuition" on the student's Form I-20. If the Form I-20 does not include the cost of tuition, the student must have a notarized statement, signed by the designated school official (DSO) who signed the Form I-20, stating the full cost of tuition and that the student paid the tuition in full. The full, unsubsidized per capita (for each student) cost of education is the cost of providing education to each student in the school district where the public school is located. Costs normally range between $3,000 and $10,000. The student secondary school cost reimbursement requirement is mandatory and school systems cannot waive the reimbursement requirement.

 

Foreign students may come to the United States to live with U.S. citizen relatives while attending public school. .... It should be noted however, that the student's status as a resident of the school district and the fact that the U.S. citizen has paid local property/school taxes is irrelevant and does not fulfill the cost reimbursement requirement of Section 214(m) of the Immigration and Nationality Act (INA). Therefore, the full tuition costs must be paid to the school or school distric

 

 

 

 

 

 

 

I am not unconcern is just that is a hole in the system, my in laws are LPR what they should do just leave a 12 year old by herself back home, or just lose the LPR... I do understand she was out of the status, but we just didn't have many choices. 

3 minutes ago, Jorgedig said:

2-3 months?  That is not a realistic timeframe to receive a visa.

We already have NVC asking for the fees and the paperwork to schedule the visa. If we just travel 2-3 weeks prior wouldn't be that sufficient why do you think that is not realistic?

1 minute ago, geowrian said:

No.

1) A visa number is available already.

2) They won't schedule an interview before one is available.

Understood thank you!

38 minutes ago, geowrian said:

Visa number*

The visa would only come into play after interviewing, being approved, and the visa actually being issued.

So you are saying that after the interview and being approved, we may need to wait for a number to be available?

45 minutes ago, SusieQQQ said:

Did I miss an answer to the question about public school?

there is a  chance, I don’t know if it’s big or small, that your family will be asked to repay the full unsubsidized cost of the school she attended in violation of her B status. 
obviously if she was at private school that’s fine.

she went private in middle now that she is in high school half of the year she is been going to to public. I found weird that they may ask for repayment, my in-laws both pay taxes shouldn't that be cover there? Do you have some article that I can read about that?

2 minutes ago, geowrian said:

C = Current. As of right now, there is no wait for the priority date to become current. That is expected to change in the coming months IIRC, but should not be an issue for her.

So that means that there is a visa for her already?

Also, I am having trouble understanding when a visa will be available for her based on the priority date. How do I interpreted the bulletin? Her priority date is 7/2018 and she is F2A what is the C means? That they already a visa for her? 

1 minute ago, jcracked52 said:

Actually, as @SusieQQQ mentioned because beneficiary is minor, no waiver needed. 

Thank you! @susieQQQ and @jcracked52 Do you know how is the process with NVC? I am wonder if we can do everything and travel back with her and then come back in ~2/3 months do you think that is possible?

4 minutes ago, jcracked52 said:

You need to apply for waiver or wait for parent to become US citizen I believe. Consult an attorney ASAP.

Do you have a link where I can read about the waiver?

8 minutes ago, SusieQQQ said:

She’ll have to go back home and get her visa through consular processing. Luckily for you she is a minor and so should not be subject to the ten year ban she would otherwise be subject to.

How long is this process after we get the appointment from the consulate back home?

Just now, SusieQQQ said:

What guide?

the one in my post. https://www.visajourney.com/guides/us-immigration-for-children/

2 minutes ago, Lil bear said:

As stated above .. she is out of status and cannot adjust status. Will not work. And lots of possible  consequences to having overstayed 😞

So why the guide mentioned that is possible in step 3?

1 minute ago, SusieQQQ said:

She’s out of status. She cannot adjust. 

mmm really? so what should we do?

8 minutes ago, Lil bear said:

On what basis is she in the US... what visa did she enter on and when ? 

She entered legally to US with a tourist visa B2, 2 years ago.

Hello dear VJ users! First at all, Happy holidays and Thank you all for the valuable information for all of us!

My mother in law (LPR) filled I30 for my sister in law (15 years old), we got the approved I-130 last month, priority date 7/19/2018

I-797 | Notice of Action
"Notice Type: Approval notice, section Unmarried child under 21 of permanent resident, 203(a)(2(A) INA" 

My sister in law is already in the united states and the the letter mentioned that. We are a little confused by this comment in the letter "The evidence indicates that he or she may not be eligible to file an adjustment of status application" so because of that they sent the approved petition to NVC, we got a letter from NVC with some login and password to access an account online, and they want us to pay some fees and schedule an interview in the consulate of the home country.

Does anyone can give us a light in what should we do?

Based on this guide: https://www.visajourney.com/guides/us-immigration-for-children/

we are already in step 2.

Overview of Immigration Process

A legal immigrant (or 'lawful permanent resident') is a foreign national who has been granted the privilege of living and working permanently in the United States. There is a three-step process for your child or son or daughter to become a legal immigrant.

1. You must obtain USCIS approval of an immigrant visa petition that you file for your child, son or daughter.

2. The State Department must then give your son or daughter an immigrant visa number, even if he or she is already in the United States. If you are a U.S. citizen and the child is both under 21 years of age and unmarried, a visa number is not required.

3. If your child or son or daughter is outside the United States, he or she will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa when one becomes available. If your child or son or daughter is legally in the U.S. when an immigrant visa number becomes available (or if one is not required), he or she may apply to adjust status to that of a lawful permanent resident using the Form I-485.

Thanks everyone, any help will be appreciate it.
 

My parents and siblings came to the country legally and they still legal here. 

 thanks for your replies and your honest opinions

Well they are only 9 and 12 we can just send then back. My parents are already in the process, so we are just looking for options.

What about if my parents become US Citizen before she is 18? (I am asking because my other sister is 9)

Thanks that is unfortunately  does any one have experience some thing like this before? I am looking forward to heard your experiences or opinions.

Yes, they are. But my parents will obtain their green card in 2 years, then my sister will be 14 by then. Can they petition her then as residents?