Can I minor child be denied for green card due to overstay

[michelfloride]

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 ?

[falafel]

we are potentially in this same exact situation except with children ages 10 and 15. We have been trying to find a lawyer that has seen this before and experience this process but so far have found none. Have you heard anything new on your end?

A fully legal path to a greencard is still an option for us however it will require family separation for a period of time. A lawyer we were working with on another case has advised us to avoid the situation you are in and go the legal route. But, that poses it's own set of disadvantages for us.

We too would like to hear is anyone has every had a minor child's green card been denied in this circumstance.

[michelfloride]

we are potentially in this same exact situation except with children ages 10 and 15. We have been trying to find a lawyer that has seen this before and experience this process but so far have found none. Have you heard anything new on your end?

A fully legal path to a greencard is still an option for us however it will require family separation for a period of time. A lawyer we were working with on another case has advised us to avoid the situation you are in and go the legal route. But, that poses it's own set of disadvantages for us.

We too would like to hear is anyone has every had a minor child's green card been denied in this circumstance.

No, no more information, I can't imagine that nobody were in such case. To go by the legal way would mean, I let my kids 2 years in France while we are living here....it sounds just incredible. And in any case it is to late, they are still here since 2012
The only I know is what I explained in my post: "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"
That's the government law INA 212(a)(9)(B) chapter 9 FAM 40.92 N4.1, so for what else can my children be blamed?
We could have a solution for the 15 year old which is to file for DACA program, then asking for an advance parole reentry in case her G.C is denied, but no solution for the 13 year old, because to be eligible for DACA she must be at least 15.......

[falafel]

We spoke to two lawyers about minor kids overstaying and then going back to their home country for their interview at the consulate. They both said that minor children don't accrue unlawful presence and they should be able to get a green card at the consulate in their home country once their visa appointment comes up. You mentioned this before. They both also said that they've seen situations develop where the consulate finds something and the greencards get denied but it's very rare. The downside is that if it does happen they will never be able to come to the US again.

The lawyers recommended to us that once the mother gets her greencard she just file a re-entry permit which is valid for two years. This would allow her to return to her home country to be with the kids while they wait for their greencards. The current processing time for the kids greencards is about 1.5 years. Of course, if that gets longer then there could be a problem.

We shall see what happens in the future.

[crzk21]

same situation

can you share an update regards your case, did your children obtain their green cards
thank you




QUOTE=michelfloride;396348]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 ?[/QUOTE]

[gmf1984]

I am going thru the same problem, have anyone appealed already????

[moony]

any update please on how your minors consular interview went?

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 ?

any update please on how your minors consular interview went?