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Can the green card of my minor children (13 and 15) be denied due to overstay

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  • Can the green card of my minor children (13 and 15) be denied due to overstay

    We are green card holder since 2013, parents of 2 minor childrens today 13 and 15, who are living with us in USA since 2004 and without immigration status since 2012. We sponsored them for Green Card and are waiting for an available visa #, priority date should be reached in the next 2 or 3 month .
    Recently we got a USCIS"welcome" letter which says our 2 daughters have to travel to Paris, to US embassy for an interview, called "consular process" , as adjustment of status isn't possible.

    Exception to INA 212(a)(9)(B) chapter 9 FAM 40.92 N4.1 says:
    " Any period that an alien spends unlawfully in the U.S. while under age of 18 would not count toward calculating the accrual of unlawful presence"

    The question is, in despite of the above immigration law, is their a risk that they can be deny for the green card, which will result they can't come back to USA with us

    Was any one in such situation, I mean as lawfully permanent resident, green card holder who sponsored his minor child who overstayed his presence in USA ?

    Is there an instance that a minor child deny for a visa or green card ?

  • #2
    same situation

    can tou give us an update of your case. thankyou

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