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AOS for permanent resident's daughter

AOS for permanent resident's daughter

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Old Feb 13th 2018, 10:23 pm
  #16  
 
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Default Re: AOS for permanent resident's daughter

Not my area of expertise, but if there's a question mark over whether AOS is possible, would it not be 'safer' for the OP's daughter to return to the UK to apply for her IR-1?
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Old Feb 13th 2018, 10:26 pm
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Default Re: AOS for permanent resident's daughter

Originally Posted by BritInParis
Not my area of expertise, but if there's a question mark over whether AOS is possible, would it not be 'safer' for the OP's daughter to return to the UK to apply for her IR-1?
IMO definitely. It will be the cheapest (no legal fees), easiest and most stress-free way, and might even, start-to-end, be the quickest way. It's just that she'd be back in the UK while her visa was processed.
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Old Feb 13th 2018, 10:27 pm
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Default Re: AOS for permanent resident's daughter

Originally Posted by BritInParis
Not my area of expertise, but if there's a question mark over whether AOS is possible, would it not be 'safer' for the OP's daughter to return to the UK to apply for her IR-1?
Yes.

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Old Feb 13th 2018, 10:29 pm
  #19  
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Default Re: AOS for permanent resident's daughter

Originally Posted by Emma M80
It definitely was not intentional, I paid for her to come over for a vacation after not seeing her for 5 years. Her dad later said to her that she could stay if she wants. Right now I'm getting the impression she's been dumped on my doorstep with a "have a nice life" from her father.
You might want to get his permission in writing. You never know what could happen in the future, and you want it documented that he gave her permission to stay in the USA.

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Old Feb 13th 2018, 10:38 pm
  #20  
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Default Re: AOS for permanent resident's daughter

Originally Posted by BritInParis
Not my area of expertise, but if there's a question mark over whether AOS is possible, would it not be 'safer' for the OP's daughter to return to the UK to apply for her IR-1?
That's what I was driving at.
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Old Feb 13th 2018, 11:26 pm
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Default Re: AOS for permanent resident's daughter

Originally Posted by Noorah101
You might want to get his permission in writing. You never know what could happen in the future, and you want it documented that he gave her permission to stay in the USA.

Rene
Good idea, yes. Anyone know of a good lawyer? I might need one for this hurdle. I didn't need one for my own, I got through it with this group and a lot of researching. Thank you.
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Old Feb 13th 2018, 11:47 pm
  #22  
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Default Re: AOS for permanent resident's daughter

Originally Posted by Pulaski
What happened to the oft-repeated advice ".... if they entered on the VWP they don't have a status to adjust from"?
You might have been thinking of a "change" of status. An adjustment of status (to permanent resident) can be done from the VWP, but a change of status (like to an F-1) cannot, because there was no status to begin with to change from.

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Old Feb 13th 2018, 11:49 pm
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Default Re: AOS for permanent resident's daughter

Originally Posted by Emma M80
Good idea, yes. Anyone know of a good lawyer? I might need one for this hurdle. I didn't need one for my own, I got through it with this group and a lot of researching. Thank you.
If you mean a lawyer for the AOS, search AILA's Immigration Lawyer Search.

If you mean a lawyer for getting the legal permission from her dad, search for a family lawyer.

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Old Feb 14th 2018, 2:07 am
  #24  
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Default Re: AOS for permanent resident's daughter

Originally Posted by Pulaski
Well just about anything is "doable", or at least arguable, if you have the money for legal fees.

Whether it is the quickest, easiest, most convenient, cheapest, and, last but not least, the lowest stress way to achieve what you want is an entirely different question!
Rete already gave a not half-bad answer. Other than perhaps a few nits, it is a good answer.
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Old Feb 14th 2018, 2:10 am
  #25  
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Default Re: AOS for permanent resident's daughter

Originally Posted by BritInParis
Not my area of expertise, but if there's a question mark over whether AOS is possible, would it not be 'safer' for the OP's daughter to return to the UK to apply for her IR-1?
At first glance, I think not.

Also, "pre-conceived intent" is not fraud.
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Old Feb 14th 2018, 11:42 am
  #26  
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Default Re: AOS for permanent resident's daughter

Originally Posted by Pulaski
BTW at 15 years old, and with no prior education in the US, it is going to be a struggle to get decent grades for her high school graduation.
Not impossible though, my younger son has managed to get full scholarship on the basis of his SATs and APs. He was 15 when we moved.
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Old Feb 14th 2018, 1:16 pm
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Default Re: AOS for permanent resident's daughter

Originally Posted by BritInParis
Not my area of expertise, but if there's a question mark over whether AOS is possible, would it not be 'safer' for the OP's daughter to return to the UK to apply for her IR-1?
No
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Old Feb 14th 2018, 1:33 pm
  #28  
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Default Re: AOS for permanent resident's daughter

Originally Posted by Emma M80
Awesome, thank you for your advice. If it IS possible, would she be able to go to school while her application is pending, or would she have to wait and catch up once approved (assuming she was approved)?
How long has she been here and what is she doing for school now? Did she take time out of school in the UK to come here?
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Old Feb 14th 2018, 1:35 pm
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Default Re: AOS for permanent resident's daughter

Originally Posted by Emma M80
Good idea, yes. Anyone know of a good lawyer? I might need one for this hurdle. I didn't need one for my own, I got through it with this group and a lot of researching. Thank you.
The majority of people diy, obviously if you have issues a Lawyer is a good idea, some people find the forms difficult and advice also might help, but it is not that difficult.
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Old Feb 14th 2018, 1:42 pm
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Default Re: AOS for permanent resident's daughter

Originally Posted by Nutmegger
How long has she been here and what is she doing for school now? Did she take time out of school in the UK to come here?
She hasn't been here long. Yes she took time out of school to come here. I've been trying to contact our school district to find out how to enroll her for school so at least she can get her education without too much of a gap.
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