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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105572
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Guillermo, I'm a permanent resident and my 17 years old

Customer Question

hello Guillermo ,
I'm a permanent resident and my 17 years old Biological Daughter came 2 month ago with a tourist visa with 6 month permit , I'm going to submit and I-130 for her to stay or change her status under the family reunion law .please advice me if she can stay or leave after her petition inside USA. just to let you know she comes from Venezuela . Thanks for your help and time.
Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
if she stays and the Waiting time is approximately one year and half can she go to school or get a work permit ?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! Thank you for requesting me. I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Unfortunately, she cannot stay. The B-2 cannot be extended long enough for the year and a half that it will take for the Priority Date to become current and once she turns 18, she begins to accrue unlawful presence when her stay expires. So basically, she MUST leave before her stay expires OR before she turns 18 and 179 days, whichever comes later. If her stay expires before she turns 18 and she stays and turns 18 and a half, there is a 3 year bar that she cannot come back without a very hard to get waiver. If she stays anyway, you must become a U.S. Citizen and file for her BEFORE she turns 21 or she will be in big trouble. I am truly sorry. I wish I had better news, but at least now you know what to do.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Customer: replied 1 year ago.
Guillermo Thank you for your Answer , can she get out and come back , while she waits ?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Unfortunately, while the answer is technically yes, the realistic answer is no. Why? Because to use a B-2, she has to have clear non-immigrant intent. By you filing an I-130 for her, that's clear immigrant intent. What you could do is as soon as she enters the U.S., you immediately filed the I-130 for her. Then when it is close to 6 months, you file for the extension of her B-2 status which is going to take around 5 months to process anyway. Once she has been in the U.S. a year, she should leave and wait the rest of the 6 months to a year outside of the U.S. If she decides to stay illegally, her visa will be automatically cancelled, but as long as she leaves before accruing 180 days of unlawful presence, she has no automatic penalty to come back on an IMMIGRANT visa (because they won't want to approve a new non-immigrant visa for her like the B-2 because of her overstay). So if she times it right, she could overstay less than 180 days and then the wait outside could be between a few weeks to a few months.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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