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What happens if ....

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Old Dec 19th 2003, 4:02 am
  #1  
Houstongrl
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Default What happens if ....

I've been a lurker on this board for quite some time and you guys always
give great - non legal, of course! - advice!
Anyhow!
I have a girlfriend here in Houston who moved on a K1 with a K2 child,
married and applied for AOS around the same time as I did. Her daughter,
who is 16, is having problems adjusting to US life and is really adamant
about wanting to go back to Mexico to be with her grandmother. What
happens in this situation?
If her daughter moves back to Mexico, is she allowed back into the US to
visit her mom? Or is she stuck in Mexico until the AOS papers for her die -
which in Houston, apparently we're looking at about 2.5 years for the AOS
interview.
And what happens, if in a year, her daughter decides that she really doesn't
like Mexico as much as she thought she did, and wants to move back?
My girlfriend is really torn between wanting her daughter to be happy and
doing what she thinks is the right thing all the way around.
Does anyone have any comments or suggestions ... I honestly don't know what
to tell her!

Thanks all!
 
Old Dec 19th 2003, 4:37 am
  #2  
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Joined: Jan 2003
Location: PA - Philadelphia DO
Posts: 460
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Default Re: What happens if ....

When she entered on the K-2, immigrant intent was expressed and, even if she abandons her adjustment, she may have a hard time reentering as a visitor. She can go back for vacations with
Advance Parole.
I would probably have your friend consult amn experienced immigration lawyer to spell out options. Being a parent/stepparent of teenage girls, I have another suggestion. Have the K-2 go with to the lawyer. She is old enough to understand what is going on and there may be some serious consequences to making rash decisions at this point. She may listen better when she is told by an outside party. Good luck to both!
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