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Minor F2A approved, currently in the U.S. but not eligible for AOS

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  • Minor F2A approved, currently in the U.S. but not eligible for AOS

    Hello Everyone,
    I am a worried parent looking for answers. My children and I came to the US with tourist visa in 2002 and only able to find a legal way to adjust recently.
    I am now a green card holder and petitioned my 16 year old daughter (F2A) who is currently in the U.S. with me. Petition was approved and all NVC processing and fees went through and finalized this year. She has since turned 18 in January 2018. We received her interview date schedule at the U.S. Embassy for February but her passport didn't make it on time so we had to reschedule for May 2018 interview, which is still acceptable as long as it is within a year. Since I have filed for this petition, it has always worried me that she needs to go home to our home country for the interview. The thought of her exiting the U.S. and not being able to return scares me, as any parent would be. I do have a lawyer that has assured me that as long as she doesn't have any criminal or health issues, she would be fine. She is also currently a DACA recipient and has not accrued lawful status since we came here. (18yrs old and below doesn't accrue unlawful status and DACA recipients).

    My question is, I have asked a lot of lawyers already why she couldn't file for AOS and has not really been given concrete reply. Does anyone know why she is not eligible for AOS? Has anyone gone through this same situation? Did you and your child return to your home country for the consular processing and interview? How long does it take? I was told from date of interview we should receive her visa within 2 weeks. She is going to college this year and she needs to come back ASAP.

    Please help me.....

  • #2
    Originally posted by worriedmom2000 View Post
    My children and I came to the US with tourist visa in 2002 and only able to find a legal way to adjust recently.
    What is the way you adjusted status? Because it might apply to your children too.

    Originally posted by worriedmom2000 View Post
    Does anyone know why she is not eligible for AOS?
    Yes. It's because she's in a family-based category that is not the Immediate Relative category (spouse, unmarried under-21 child, or parent of US citizen) and she is or has ever been out of status. Someone who is at the time of filing or has ever previously been out of status is barred from AOS, with the exception of Immediate Relatives and a few other situations.

    This is my personal opinion and is not to be construed as legal advice.

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