17 yr Daughter lived here for 3 years went back to home country- 10 yr ban??? Help!!

[Gayatri Maharaj]

This forum has been a tremendous help for me when I applied for my green card 4 years ago. Hoping you guys can help me out again.

in 2007 my daughter was then 9 years old came on a visitor visa and stayed with me for 4 years
My mother became ill and my daughter then 13 yrs old went back to my home country to stay with her. She was unable to return because she overstayed her visa. She tried to apply for a visitor visa last year but she was denied.

She is now 17 and wants to come to the US. My husband is a citizen and I am permanent resident and we wanted to do the I130 petition (he will do the petition for step child ) however I have been reading about a 10 year and 3 year ban and I was wondering how would this affect the application. And if yes - when do I apply for a waiver after the Visa has been approved or together with the I130 application

And I am guessing that I would not be able to concurrently file adjustment of status as she is not in the US?
thank you so much for an help

[rayb]

You will need to submit an I-130 for the child. When she goes to her Embassy interview, she will be asked to submit an I-601, Waiver of Inadmissibility, Stateside. There is no I-485 procedure, as her processing will be entirely outside the U.S.

--Ray B

This forum has been a tremendous help for me when I applied for my green card 4 years ago. Hoping you guys can help me out again.

in 2007 my daughter was then 9 years old came on a visitor visa and stayed with me for 4 years
My mother became ill and my daughter then 13 yrs old went back to my home country to stay with her. She was unable to return because she overstayed her visa. She tried to apply for a visitor visa last year but she was denied.

She is now 17 and wants to come to the US. My husband is a citizen and I am permanent resident and we wanted to do the I130 petition (he will do the petition for step child ) however I have been reading about a 10 year and 3 year ban and I was wondering how would this affect the application. And if yes - when do I apply for a waiver after the Visa has been approved or together with the I130 application

And I am guessing that I would not be able to concurrently file adjustment of status as she is not in the US?
thank you so much for an help

[Gayatri Maharaj]

You will need to submit an I-130 for the child. When she goes to her Embassy interview, she will be asked to submit an I-601, Waiver of Inadmissibility, Stateside. There is no I-485 procedure, as her processing will be entirely outside the U.S.

--Ray B

Thank you Ray. Do I have a pay a fine with I-601?

REALLY APPRECIATE YOUR HELP!!

[inadmissible]

Minors do not accrue unlawful presence for the purpose of the three and ten year bars. She should not have to file a form I-601 at all.