Q: Can my 18 year old daughter file together with me?
My son is filing a petition for change of status for me. Can my 18 year old daughter who came with me on visa waiver be filed at the same time?. If she waits for mine to get through she would’ve been out of status.
If not what’re the options open to her.
A:
If your son is a U.S. citizen and at least 21 years of age, he can file the FORM I-130 relative petition on your behalf. Depending on the date of your entry with the visa waiver (ESTA) , you may be able to proceed to file for adjustment of status with USCIS.
Your 18 year old daughter can not derive status from the relative petition that your son will file on your behalf. Also, a relative petition filed on behalf of your daughter by your son will not allow her to immediately adjust status with USCIS. For these reasons your daughter will need to seek other options.
Ms Grace I Gardiner agrees with this answer
A:
No, your daughter is not eligible to adjust status. She is not a derivative beneficiary. She must depart on time. Otherwise, she may not be allowed to visit, again.
There are other issues, and potentially complicating possibilities, but these ought to be discussed with a competent and experienced immigration attorney.
The above is general information, not legal advice, and does not create an attorney client relationship.
A: If you mean that your son is filing an I-130 on your behalf as part of an application for permanent residence, your son can file one for her, too, but it will take much longer to adjudicate. If you mean changing from 1 nonimmigrant status to another, then she can file the form for that.
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