QUESTION

my minor daughter application was denied, she never left the country, she was here under f2 visa dependent of my f1 visa, when i got my permanent card

Asked on Nov 10th, 2022 on Immigration - Florida
More details to this question:
when i applied for my i-485 and had my daughter was a dependent of my F1 Visa, when my permanent card was approved my f1 status was cxl on dec.3rd. so when i submitted her i-485 ( dec,16th)her status was expired by a few days, but she was part of my original application as my dependent. i need orientation to filled an appeal
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
The difficulty with your daughter’s situation is that her nonimmigrant status ended when yours did since she was only a dependent. Adjustment of status under family cases except for immediate relatives (parents, spouses, and unmarried children under the age of 21 of US citizens) requires the maintenance of status until the filing of the I-485 application. An alternative to appeal or motion is to file an I-130 petition and have your daughter consular process overseas for the immigrant visa. Kindly note that the 3/10 year bars do not apply to children under the age of 18. If your daughter was already 18 by the date of the USCIS denial, the 3/10 year bars only begin to apply if your daughter remains in the US for over 180 days thereafter. The difficulty with appeals and motions is that many are not resolved within 180 days, and if you and your daughter are in this situation, that leaves you and your daughter with a difficult choice of either leaving before the resolution of the appeal or motion or chancing the three-year bar being imposed if the appeal or motion is lost and the 180 days is over. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Nov 26th, 2022 at 1:50 PM

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