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I-130,I-485 and I-485 for unmarried 20 year old child

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  • I-130,I-485 and I-485 for unmarried 20 year old child

    I am married to a US citizen and recently got my 2 year green card. However, I have an unmarried daughter (turns 21 in July) who entered legally in the US when she was 15 on B2 visa and lives in the US. I have been made to understand that my husband (the citizen) cannot petition for her as a step child because she is over 18 (even at time of marriage), but I can.
    Questions:
    1. Can I apply for I-130, I-485 and I-765 concurrently? Does my status qualify her for employment authorization without approval of I-485?
    2. What other benefits can she derive from my residency status or from her US citizen step father?

    Thank you for your time.
    Last edited by Mopo; 02-11-2010, 02:50 PM.

  • #2
    Is she in status as something else or is she out of status?
    Lets assume she is out of status, then your daughter is in a very difficult situation. I might be wrong on this, but you may not be able to petition her at this moment anyways with a conditional Permanent Residence. Even if you get your Permanent Residence, if she is out of status she will not be able to adjust her status. If she leave the country then she will be subject to ban. Please consult a reputable immigration attorney.
    Last edited by bkwld; 02-12-2010, 03:17 AM.

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