14 Year Old Stepdaughter here on VWP - Can I petition her and adjust status?

[LuvHaleiwa]

My husband became a permanent resident in October of 2011.
His daughter, age 14, is currently visiting us for the summer and said she wants to live here with her dad (Her visa waiver is good until October 15th).
We have talked to her mother about it and she is considering it.

If her mother agrees, what will we need to do?
It is my understanding that since I am a US Citizen, I can petition for her and there will be no wait on the visa.
Can we then send in the I-130 and the Adjustment of status at the same time?

Can she live here and go to school while she is waiting for all of the paperwork to process, or does she need to return to the UK and wait it out over there?

I have tried to look on the USCIS website, but I just seem to get more and more confused about it all.

Thanks in advance, any help is greatly appreciated.

[rayb]

Submit the I-130 and I-485 with supporting documents, $420 and $1,070 fees. Submit this package before her Visa Waiver allowable time expires.
She will need a completed immigrant medical exam from a USCIS-listed doctor and the I-693 form in a sealed envelope. Include also the I-765 and I-131 forms, sponsorship documents.

This is something that is not explained anywhere on USCIS websites in a practical manner, but it is feasible. I did exactly this same thing for an Irish guy about a year ago (Northern Ireland).

--Ray B

My husband became a permanent resident in October of 2011.
His daughter, age 14, is currently visiting us for the summer and said she wants to live here with her dad (Her visa waiver is good until October 15th).
We have talked to her mother about it and she is considering it.

If her mother agrees, what will we need to do?
It is my understanding that since I am a US Citizen, I can petition for her and there will be no wait on the visa.
Can we then send in the I-130 and the Adjustment of status at the same time?

Can she live here and go to school while she is waiting for all of the paperwork to process, or does she need to return to the UK and wait it out over there?

I have tried to look on the USCIS website, but I just seem to get more and more confused about it all.

Thanks in advance, any help is greatly appreciated.

[LuvHaleiwa]

Thanks!

Thanks Ray, I just emailed you the same question

I appreciate your help.

Kara

[rayb]

Enrollment is school while on a visa waiver is probably not an option. Some states and school districts are quite tolerant of children whose status does not normally qualify them for school attendance. But she would normally be expected to have a student visa to be accepted in most school districts (until she has Green Card status).

--Ray B

Thanks Ray, I just emailed you the same question

I appreciate your help.

Kara

[LuvHaleiwa]

Enrollment is school while on a visa waiver is probably not an option. Some states and school districts are quite tolerant of children whose status does not normally qualify them for school attendance. But she would normally be expected to have a student visa to be accepted in most school districts (until she has Green Card status).

--Ray B

OK, so even if she can stay while everything is processing, she will most likely have to wait to enroll in school.
If I, as a USC, petition for her, do you know what kind of turn around time we're looking at?

[rayb]

Final interview time varies, depending on workload of local USCIS office. My experience of late, mostly in California, but in a few other states, has been 5-6 months from submittal of paperwork to Adjustment of Status interview.

--Ray B

OK, so even if she can stay while everything is processing, she will most likely have to wait to enroll in school.
If I, as a USC, petition for her, do you know what kind of turn around time we're looking at?

[LuvHaleiwa]

Final interview time varies, depending on workload of local USCIS office. My experience of late, mostly in California, but in a few other states, has been 5-6 months from submittal of paperwork to Adjustment of Status interview.

--Ray B

Yikes, that's a long time to not be in school
Maybe her going home until it is all sorted out is the best option.

[rayb]

If she goes back to the UK, 9 months has been at the low end of "average processing time" for immigrant visas lately. But recent indications, followed by form letters being sent out the last few days from the National Visa Center, suggest longer waiting times in the second processing step (NVC after USCIS), which could add another 3 months to the waiting time.

Also, I think that proof of USCIS receipt of your submitted documents would provide ample justification for the child to be allowed school entry much faster. The longest delay might be 3 months, about when she would receive the temporary Work Authorization which would allow her to get an SSN.

--Ray B

Yikes, that's a long time to not be in school
Maybe her going home until it is all sorted out is the best option.

[LuvHaleiwa]

If she goes back to the UK, 9 months has been at the low end of "average processing time" for immigrant visas lately. But recent indications, followed by form letters being sent out the last few days from the National Visa Center, suggest longer waiting times in the second processing step (NVC after USCIS), which could add another 3 months to the waiting time.

Also, I think that proof of USCIS receipt of your submitted documents would provide ample justification for the child to be allowed school entry much faster. The longest delay might be 3 months, about when she would receive the temporary Work Authorization which would allow her to get an SSN.

--Ray B

OK. My daughter did her freshman year here, and then we went there for 2 years and came back here. The schools here wanted her to pick up where she left off (starting with sophomore year) - they didn't care that she went to school in England, the school records didn't mean anything to them. That being said, I'd hate to have my step-daughter have to do an additional year of school because the processing takes so long.
Do you think that if she has a social security number they will let her enroll, regardless of visa stuff? We're in a small country town, so I'm not sure they're familiar with all this visa stuff.

[rayb]

Luv,

I can't second-guess how your particular school district will respond to applying for her entrance locally. You need to question them very carefully if your daughter, recently arrived from UK, and applying for permanent status in the U.S. will be allowed to enter, and what requirements she must meet. At the very least, they'll probably ask for vaccination records. Beyond that, however, I would only be guessing about your particular school and district.

Often, it is how we ask questions that determines the answers we get. If you offer reasons why the school should not accept her immediately, the school staff person may easily take it upon herself to make up the rules as she goes along. Keep is simple by asking what he needs to enroll, and that her SSN is in process.

--Ray B

OK. My daughter did her freshman year here, and then we went there for 2 years and came back here. The schools here wanted her to pick up where she left off (starting with sophomore year) - they didn't care that she went to school in England, the school records didn't mean anything to them. That being said, I'd hate to have my step-daughter have to do an additional year of school because the processing takes so long.
Do you think that if she has a social security number they will let her enroll, regardless of visa stuff? We're in a small country town, so I'm not sure they're familiar with all this visa stuff.

[LuvHaleiwa]

perfect. Thank you!

[LuvHaleiwa]

Submit the I-130 and I-485 with supporting documents, $420 and $1,070 fees. Submit this package before her Visa Waiver allowable time expires.
She will need a completed immigrant medical exam from a USCIS-listed doctor and the I-693 form in a sealed envelope. Include also the I-765 and I-131 forms, sponsorship documents.

This is something that is not explained anywhere on USCIS websites in a practical manner, but it is feasible. I did exactly this same thing for an Irish guy about a year ago (Northern Ireland).

--Ray B

Hi Ray,

Her birth certificate finally arrived so we can move forward with this.
My question...
Do we submit the I-130 & I-485 then wait for them to request the rest of the stuff, or do we submit the I-693, I-765, and I-131 at the same time as the I-130 and I-485?
So confusing......

[rayb]

Submit everything at the same time. This isn't an "installment plan" procedure.

--Ray B

Hi Ray,

Her birth certificate finally arrived so we can move forward with this.
My question...
Do we submit the I-130 & I-485 then wait for them to request the rest of the stuff, or do we submit the I-693, I-765, and I-131 at the same time as the I-130 and I-485?
So confusing......

[LuvHaleiwa]

Thanks Ray!

I was able to get her signed up for school. Apparently it is a violation of the 14th amendment for them to ask her immigration status (Plyler v Doe).
All I had to provide them was her immunization records, birth certificate, and old school records (which they never looked at).

[rayb]

Even if out of compliance with legal precedent, many school districts will find other reasons to deny enrollment: lack of SSN being the one that comes to mind most often.

--Ray B

Thanks Ray!

I was able to get her signed up for school. Apparently it is a violation of the 14th amendment for them to ask her immigration status (Plyler v Doe).
All I had to provide them was her immunization records, birth certificate, and old school records (which they never looked at).