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Results 1 to 4 of 4

Thread: Advice Needed

  1. #1
    Hello,

    Here's a situation. Hopefully an immigration expert will give some good advice.

    I'll break down the situation for easy reading and understanding:

    - Parent and Child (5 y.o.) entered US as a tourist.
    - Parent and Child overstayed tourist visa.
    - Parent and Child applied for permanent residency.
    - Parent eventually received EAD.
    - Child eventually received EAD.
    - Child is now 21 y.o.

    As you can see the parent is still being processed, but the child is now not eligible to receive permanent residency when parent does.

    What is the best advice for the child? Is there a way to separate the child from the parent's application and the child file one? Child has a high school and college degree, works, and pays taxes.

    I couldn't find any information from the BCIS (INS) about such a complicated situation.

  2. #2
    Hello,

    Here's a situation. Hopefully an immigration expert will give some good advice.

    I'll break down the situation for easy reading and understanding:

    - Parent and Child (5 y.o.) entered US as a tourist.
    - Parent and Child overstayed tourist visa.
    - Parent and Child applied for permanent residency.
    - Parent eventually received EAD.
    - Child eventually received EAD.
    - Child is now 21 y.o.

    As you can see the parent is still being processed, but the child is now not eligible to receive permanent residency when parent does.

    What is the best advice for the child? Is there a way to separate the child from the parent's application and the child file one? Child has a high school and college degree, works, and pays taxes.

    I couldn't find any information from the BCIS (INS) about such a complicated situation.

  3. #3
    This situation is incomplete.....Did you file an adjustment of status application for each person (1 for parent and 1 for child)? If so, when and under what category are the applying under (e.g., spouse of a USC/child of a USC, spouse of LPR/child of LPR, etc.)?

  4. #4
    I'm not entirely sure, but I know the child's application is connected to the parent. Parent's application was based on employment sponsorship, but after parent received EAD the sponsorship broke and parent works elsewhere.

    The appplication for both persons was filed about 14 years ago.

    I believe it got denied years ago, but was appealed with no further communication. Obviously child is very frustrated and wants to start a separate application with the assumption that permanent residency would be granted faster.

    Any thoughts?

    In my opinion, I think US immigration law is horrible when it comes to children. I believe there should be amnesty to children who have lived here long enough and had 12 years of American education. They're basically Americans -- not born, but raised. It's a shame.

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