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Friend who has over-stayed her visa

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  • Friend who has over-stayed her visa

    I have a friend who came to the US with her father and brother when she was 16 (in 2002). Since then her father and brother have become citizens, but when she turned 18 I guess she was dropped from her family's visa. I'm not entirly sure how it all worked. But anyway, she came here legally, but now she is here with an expired visa. Is there anything she can do to become legal again?

  • #2
    I have a friend who came to the US with her father and brother when she was 16 (in 2002). Since then her father and brother have become citizens, but when she turned 18 I guess she was dropped from her family's visa. I'm not entirly sure how it all worked. But anyway, she came here legally, but now she is here with an expired visa. Is there anything she can do to become legal again?

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    • #3
      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Pathfind83:
      I have a friend who came to the US with her father and brother when she was 16 (in 2002). Since then her father and brother have become citizens, but when she turned 18 I guess she was dropped from her family's visa. I'm not entirly sure how it all worked. But anyway, she came here legally, but now she is here with an expired visa. Is there anything she can do to become legal again? </div></BLOCKQUOTE>

      Can u be more specific what visa did her father had when they came to the US?

      If her father turned USC before she reach 21
      and filed a petition ( I-130) for her.. yeah she have a chance. That will make her immidiate relative of a USC.

      My question is... why didn't the father file a petition for her when he got his GC? That will work too if she's under 18 too ?

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      • #4
        I don't know all the details, but I will try to find out and let you know, thanks for your help

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        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Pathfind83:
          I have a friend who came to the US with her father and brother when she was 16 (in 2002). Since then her father and brother have become citizens, but when she turned 18 I guess she was dropped from her family's visa. I'm not entirly sure how it all worked. But anyway, she came here legally, but now she is here with an expired visa. Is there anything she can do to become legal again? </div></BLOCKQUOTE>
          She may be eligible for citizenship because of her father or her father can sponsor her for green card since her father is now USC.
          "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

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          • #6
            Hudson: How can an illegal alien be "eligible for citizenship because of her father?" In order to be naturalized, a person must first be a permanent resident.

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            • #7
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by SunDevilUSA:
              Hudson: How can an illegal alien be "eligible for citizenship because of her father?" In order to be naturalized, a person must first be a permanent resident. </div></BLOCKQUOTE>
              Father, brother, and sister came on valid visas. Now father and brother are USC. When she, the sister, turned 18, the visa expired. What family needs to do is reinstate her legal status which she would then, at a later piont in time, become a USC as a derivative of father being USC.
              "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

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              • #8
                I talked to my friend, and I got more details about her situation. Her older brother came to the states before them all. He became a citizen. He brought over his younger brother, his father, and his sister (my friend). They had visas, and the father and brother recieved their GCs. But my friend's visa expired, and her requests for a GC were denied. She told me that now that she is over 21 her father can't sponser her to get a GC. What is the process for reinstating her legal status? Also can she get a work sponsored visa?
                Thanks

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                • #9
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Pathfind83:
                  I talked to my friend, and I got more details about her situation. Her older brother came to the states before them all. He became a citizen. He brought over his younger brother, his father, and his sister (my friend). They had visas, and the father and brother recieved their GCs. But my friend's visa expired, and her requests for a GC were denied. She told me that now that she is over 21 her father can't sponser her to get a GC. What is the process for reinstating her legal status? Also can she get a work sponsored visa?
                  Thanks </div></BLOCKQUOTE>

                  what kind of visa did her brother had ?
                  Is her brother in the navy or military?
                  Family base or employment?
                  ***
                  ok my father came here in the US
                  He was granted an employment ( immigrant visa) which include the whole family ( son, wife, daughter)
                  we were all minors then, only not all of us wanted to go in the US right away ( Just my Mom and my youngest sister). Me and my twin older brothers decided to finish school in our country. We were also dropped on the petition when we turned 18. What my father did since he was already a US citizen he filed I-130
                  petition which made us an immidiate relative of a USC since we were all under 21.It took a year of processing time. But the thing is we were not present at the US then..we waited in our home country.

                  In the case if we were already in the US , father or mother should file I-130 and I-485.


                  In your friend case ( she overstayed her visa)
                  she passed the age limit for minor children. might cause her a problem. Her chances might be at stake. She needs a legal advice from an immigration lawyer.She might still be qualified
                  for a petition family based first preference category. (First Preference: Unmarried children over the age of 21 of U.S. citizens.)it's a six to seven years waiting time.

                  When did she got denied for a visa? how long ago
                  is that? What visa application ?What did USCIS told her back then? Did her father tried to file a petition?

                  Im asking this because in our case
                  my father contacted the USCIS right away asking why they dropped us on the visa and USCIS told my father what to do next.

                  Hope I given you a lil idea not much thou!
                  Im sure some experienced member will give you more advice and a light to this.

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                  • #10
                    in addition...

                    an LPR ( legal permanent resident can only petition immidiate relative and children before they reach 18)thats was the reason why they dropped us from the visa.

                    A USC can petiton mother, father, minor children, overage children, married children)
                    your friend might still have a chance get some legal advice.. Petioner must be her father.

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