Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.
Your niece may file a new I-130 petition and her father may file the adjustment of status here in the US and he is allowed to remain in the US beyond his visitor status while he waits for approval of his new green card.
Basically it is starting all over again fresh:
Here is what you will need: Find instructions for each here:
I-130 Immigrant Petition (signed by US citizen daughter)
I-485 Application for Adjustment of Status (signed by alien)
I-765 Employment Authorization Application (signed by alien)
I-131 Application for Travel Document (signed by alien- this document permits alien to travel during the pendency of their "green card" case)
G-325A Biographic Sheet (one for alien )
A medical examination in a sealed envelope performed by a civil surgeon (find one here: https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV
I-864 Affidavit of Support
Six passport size photos of alien
Copy of alien’s passport including all blank pages and I-94
Copy of US citizen birth certificate, natz cert or passport
Copy of daughter"s birth certificate
Copy of any divorce decrees (father)
Copy of marriage certificate father and daughter
One check for the I-130 in the amount of $420
One check for the I-485/765/131 in the amount of $1,070
The packet get filed at the PO box on the instructions
You can read about the process at this site
He will get a work permit and permission to travel in approx 90-100 days.
It can take up to one year for the interview.
They should not file before he has been here 60 days. He cannot make it appear that he intended to immigrate when he entered as a visitor.
I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
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