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manyfudge

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  1. If 601(a) approved, he still has to go back for consular interview. The waiver means he is not banned from returning.
  2. If they are divorcing for the sake of a faster petition, that is fraud and will cost her her GC if found out. If she is really single, marriage to USC is the fastest.
  3. He has no status to adjust from in the US - 22, son of LPR. If he cannot live independently, maybe best for your aunt to become a USC, if not one already and return to the Philippines with him. Ask for the i130 to be forwarded to the national visa center for processing. Then wait 10 years. His brother should also file for him if he hasn’t already. The petition became current a long time ago but he never had status to adjust. and still doesn’t. The best thing to do would probably have been to have your aunt naturalize in 2012-13, leave with him and have serve his ban.
  4. One huge issue here - there is no forgiveness for overstay of children over 21 of USC and no forgiveness at all for children of GC holders. 1) how old was he when petitioned? Your dates make no sense - she got a priority date before she filed. 2) how old was he when she became a U.S. citizen? Brace yourself for bad news. It is almost certain that his overstay is not forgiven and he cannot adjust from his status. How did your aunt get her GC? I have a feeling that someone gave her bad legal advice. Sounds like he overstayed and is now an adult child.
  5. Get the kid his CoC. Keep the 10 year GC safe and get a passport card.
  6. @uspehWhat status does she have in the US that enables her to work? There is no forgiveness of overstay or unauthorized work for siblings of US citizens. Is she a U visa claimant? Asylum claimant? TPS?
  7. @AnnaMBoros, I'm just going to assume the child is not related to you or your husband. How old is this child? This applies to trying to bring an adopted child over - assuming you are NOT considered habitually resident in the U.S. That's another can of worms. https://www.uscis.gov/family/bring-children-to-live-in-the-US "An adopted child if the child was adopted before age 16 (or before their 18th birthday, if certain circumstances described on the Adoption-Based Family Petition Process or Adoption-Based Form I-130 Process page apply), AND the adoptive parent has satisfied 2-year legal custody and joint residence requirements. (The legal custody and joint residence do not have to be during the same time period, but each must be met for a cumulative 2-year period.) NOTE: Most adoption-based immigration occurs through the orphan or Hague processes. If you are considering pursuing the Adoption-Based Form I-130 Process, you should review certain eligibility considerations. See the Adoption pages for more information."
  8. “Claiming asylum” is not the same as being as being a resident for FAFSA. You do not qualify. Look for merit aid or community colleges or top schools where FA is met regardless as to immigration status. You are an international student, except for maybe your state school (depends on state). You are not a resident for FAFSA purposes unless your asylum claim has been approved.
  9. Your issue is going to be the adoption. Your child will have to live in your custody ABROAD for 2 years before they can immigrate.
  10. Does not matter so much - priority date was not current for much of that time. If an interview gets scheduled, daughter should go.
  11. Worse. She aged out even sooner. She can wait for the interview and see what happens.
  12. I was hoping that you had not left it until the month before she turned 21. If her I130 was approved June 2023, she has aged out as she was well over 24 by Feb 1, 2024. Sorry to be the bearer of bad news.
  13. @NJCube, you told me your husband applied July 2020. July is not June 1. Now we have to calculate her CSPA age to make sure she did not age out. I sure hope her bday is not in June or July! What was her age in years + months + days on Feb 1, 2024?
  14. You said in your 1st post that your husband applied JULY, which is not June 1. Now you have to give me her age on Feb 1, 2024 to calculate if she aged out.
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