Richmond, TX asked in Immigration Law for Texas

Q: I just got my green card, is it too soon to file petition for my 19 year old daughter for change of status. We’re Irish.

My daughter has been here for 4 months & my green card just arrived last week. My daughter is unmarried & she’s here on B1/2 visa. I got my green card through petition by my son who was born here.

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3 Lawyer Answers
Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
Answered
  • Immigration Law Lawyer
  • Philadelphia, PA

A: You can petition for her immediately. However, dependent on her visa type, she most likely will have to return home to get her green card as she cannot adjust in the USA if she falls out of status.

Kyndra L Mulder agrees with this answer

1 user found this answer helpful

Kyndra L Mulder
Kyndra L Mulder
PREMIUM
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: You can. However, to adjust through you as a green card holder, your daughter will need to go through consulate processing unless she remains in lawful status while in the United States.

If you received your green card through marriage your USC husband can sponsor her as a step child and she does not need to leave the USA.

1 user found this answer helpful

Tia L. Smith
Tia L. Smith
PREMIUM
Answered
  • Immigration Law Lawyer
  • Atlanta, GA

A: Yes, you can begin the process for your daughter. However, keep in mind that she will need to be in lawful status at the time of filing the adjustment application to successfully adjust here in the U.S. If she is on a B visa, she will likely need to return home and immigrate via consular processing.

1 user found this answer helpful

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