Emma M80

Hi guys,

I used to belong to this forum many moons ago and you all helped me with my immigration. Now I have a 15 year old daughter who I haven't seen for 5 years as she was living with her dad in the UK. I paid for her to come over for a holiday to see me, and she wants to stay. Her dad is ok with that and we have the money to file for adjustment of status, what do I need to do to make this happen? (she is a UK citizen, I'm a UK citizen /US permanent resident and my husband is a US citizen)

Thanks!

Pulaski

Does she currently have a visa? Or did she enter the US on the VWP?

Emma M80

She entered under the vwp (esta)

Rete

I would suggest that you, at the very least, have a consultation with a well versed and experienced immigration attorney regarding the issue of intent. This is the most worrisome part of staying in the US to adjust status when one does not enter the US with the prescribed immigration visa. For her it would be the IR-1 visa. Since you are not using your old nick but a new one with a new signup, we have no way of ascertaining what your circumstances were with your situation.

If there were no intent to come to the US and remain to AOS, then it should be clear sailing and as simple as your USC husband petitioning for her AOS through the joint filing of the I-130 and I-485 and accompanying petitions. All filed here in the US while she remains for their adjudication.

A one time consultation will show you the right path to go for her to become a PR. Check AILA for referrals.

If you wish to use your former nick, please contact one of the super moderators, i.e. JerseyGirl or BEVS to assist you.

civilservant

She can't AOS, she will need to return to the UK and you file an I-130 for her to receive an IR-2 visa.

Pulaski

She can if, for example, she entered on a B-2.

Noorah101

She can after entering on the VWP if she did not have the intent to stay.

Rene

Pulaski

What happened to the oft-repeated advice ".... if they entered on the VWP they don't have a status to adjust from"?

S Folinsky

On what basis do you base this conclusion? Curious minds would like to know.

S Folinsky

At first glance it looks doable to yours truly. There are issues which are best addressed in a legal consultation.

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!

Noorah101

For the child of a USC, it works the same as the spouse of a USC.

Same advice applies, of course. If AOS gets denied, a ban from returning to the states.

Rene

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)?

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.

Pulaski

A child is required to attend school (or otherwise be educated) irrespective of their immigration status if they are living in the US (also UK, Canada, Australia, .... and pretty much everywhere these days). In otherwords, you might be fined if you don't send her to school.

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.