View Full Version : Help me with my daughter immigration!!
I move here in 2001 with my american husband and english daugther.her father is a uk citizen. I have a currant green card.I never applied for my daughter immigation she is going to be 18 in june. Is she legal untill she is 18 or 21? How long does it take for a green card if i was to sponser her? M,y father is a us citizen he was born in the us he moved to the uk when he was 12 yrs . He was 20 when he gave up his us citizenship. He moved back to the us in his late 20s and got his citizenship back in his mid 30"s. Does this help my with my citizenship? which I have heard will help my daughters green card immigration. Also can she get a SSN nw or does she need a green card to get one?. Can she work? She doesnt have a currant uk passport. She has been living here and attending school since 2001. -
I would suggest a good immigration attorney will be able to answer your questions.
florida4sun
31-03-2009, 03:42
Yes you need an attorney.
What is your daughters immigration status?? I can only assume overstayer and therefore illegal. I cannot understand why you would have let this happen and have to admit I dont have much sympathy with your predicament which was easily avoidable. You could have applied for citizenship five years ago and sponsored her. I can only assume it was the cost. She may be illegal now but does not start tolling a bar until her 18th birthday as she is considered not to be responsable for her immigration status while a child. 183 days after her 18th birthday, she will acquire a three year bar from the US, 365 days after a 10 year bar. This will effectively mean she is landlocked within the US, unable to leave the country, unable to work or attend many colleges with only marriage to an American able to mend the situation. Effectively in the same position as the other 12 million illegals within the US.
How long to sponsor her for a green card?? Depends on where in the US you are as the processing times vary according to what service center you have to use. For example Vermont service center is 6 months provided you take American citizenship ( but you have to add on the time for the naturlization process) or around two years for you to sponsor her as a green card holder. As to a social security number, no social security number without a valid immigration status. No she cant work, shouldnt even have been attending school in theory!
Katys Grandad
31-03-2009, 07:02
<blockquote id="quote" class="ffs">quote:Originally posted by florida4sun
Yes you need an attorney.[/quote]Absolutely! I doubt there is anybody on these forums who is anywhere near sufficiently well qualified to answer such an important question.
steph_goodrum
31-03-2009, 11:33
One option that may speed it up, but only guessing, and it may be too late, would be for your American husband to adopt her. 21 is the age at which they are considered no longer dependant on you. It may help that your father was born in America.
There are too many variables for any person here, without specialist knowledge of immigration law to give any advice, whatever you do though you need to start the process very quickly before she turns 18.
As the others have said the best advice is to see an Immigration attorney and quickly as the cost of not doing so could be far greater than the cost they will charge you.
<blockquote id="quote" class="ffs">quote:Originally posted by steph_goodrum
21 is the age at which they are considered no longer dependant on you. [/quote]Steph it's 18 unless they are in college when it changes to 21 I think you'll find.
steph_goodrum
31-03-2009, 14:39
I wasn't exactly sure when I posted BLott and was going to check, I had a feeling college came into it but if she is hoping to be able to work it looks as if the posters daughter may not want to be going to college.
If you have started the process prior to them turning 18 is it allowed to progress Blott or is it like some other applications where they "age out" and have to leave the Country and apply for readmission?
lafifille
31-03-2009, 14:42
You'll need an immigration attorney anyway, so why don't you run to one right away. A good one, specially if you're living in Fla where there are thousands, with the best and the worst, I strongly advise not to go cheap on that, as stated above she might end up barred for years, no fun. You're rushing through something that could have been soooo much simpler had you worried about it years ago, I guess you had your reasons.
But you might be running out of time if she's turning 18 in june. The process will also depend on where you're applying, if Florida I would say it might take longer than Kansas for example. Having an American grand-dad plus a mom with a green card will certainly help get an approval, BUT won't speed the process, and what you're lacking IMHO is time.
Good luck!
Nathalie.
<blockquote id="quote" class="ffs">quote:Originally posted by steph_goodrum
If you have started the process prior to them turning 18 is it allowed to progress Blott or is it like some other applications where they "age out" and have to leave the Country and apply for readmission?[/quote]Julie says above that it's 18 & 183 days before they get a bar.
An ajustment of status application filed now may be covered by the CSPA and allowed to proceed, I think this is what Steph is talking about. There are precise formula in this Act for calculating when a beneficiary under the act ages out. This Act is very complicated and I do not really profess to understand it, you need a professional. The original poster needs to see an attorney now and quick as such applicatons take a while to prepare. The important thing is not to sit and do nothing as the daughter will effectively then become illegal at 18, wheras at the moment her age is protecting her. 18 is the age regarding illegal status, irrespective of attending college etc. Most colleges demand proof of legal status anyway .