QUESTION
Is it possible to apply for her i-130 and i-485 or is it too late to do so and if possible, what are chances of getting approved?
Asked on Feb 14th, 2016 on Immigration - Texas
More details to this question:
I'm a US citizen. My daughter came here from Ukraine in September 12 on a visit visa. She is 16 and her visa expired on March 12 2016.
4 ANSWERS
Depending upon all of the facts, your daughter already may be a U.S. citizen by virtue of birth to a U.S. citizen (and she then might apply for a Certificate of Citizenship). Alternatively, if she entered the U.S. lawfully and with inspection, such as with a visitor's visa, you may be able to petition for her to adjust status in the U.S. notwithstanding that her visa already has expired. There is no substitute for consulting with an immigration attorney who, after learning all of the relevant details, could advise about eligibilities, options and strategies, and who could offer legal representation for the often complex application process.
Answered on Mar 15th, 2016 at 6:26 PM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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It would have been better if you filed the papers for your daughter before she fell out of status, but the petition can still be filed now. If the papers will be prepared correctly, and if your daughter has no eligibility problems (prior immigration law violations, prior deportation orders, criminal convictions, communicable diseases, adoption into another family, etc.), then she should get a green card.
Answered on Mar 15th, 2016 at 6:26 PM
Business Immigration Attorney serving Houston, TX
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Quan Law Group, PLLC
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You can still apply. Time out of status is forgiven with immediate relative petitions that can demonstrate lawful admission.
Answered on Mar 14th, 2016 at 6:05 PM
As a person under 18, she does not accumulate unlawful presence. You need to speak with an attorney, however.
Answered on Mar 14th, 2016 at 6:05 PM