Should we file a petition for our daughter in order for her to stay in the US?
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Should we file a petition for our daughter in order for her to stay in the US?
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Hallo. Thank you for taking the time to help us out on this.
I arrived in the US along with my spouse an year ago with green cards through the Diversity Visa Lottery. I have two daughters one of which (Anna) was already in America on F-1 visa which turned to a green card since she was under 21 when we won from the lottery. My other daughter, Maria, was/is older than 21, currently 25, and she arrived in the US 2 months ago for Anna's graduation on a tourist visa (which is valid for 10 years). Now all of us are in the USA and we are very happy here. We are trying to find way for Maria to stay here.
If we place a petition for a family member (i130) for her, can she stay in the United States until the process is over? Or she has to follow her tourist visa and leave within the 6months that she is allowed to stay for?
She has a Master's degree in Electrical Engineering. Can she complete an unpaid internship while being in the United States on a tourist visa?
THANK YOU VERY MUCH!
Additional Details
I truly understand what you said. She will obviously go back in a timely manner.
Since somebody said that she can do a volunteer work, but she cannot do an unpaid internship, could you please clarify what would be the difference of those two?
Thank you for your advices. I truly appreciate them.
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Fred S
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At the moment, beneficiaries of petitions submitted on 11-15-02 are receiving their immigrant visas now (in your daughter's classification). That means that they waited about 7.5 years. Your daughter cannot wait 7.5 years in the U.S. until her visa number is available. She needs to wait for the visa interview outside the U.S.
There's also a possibility that she could be suspected of fraud in her visa application for the visitor visa. She applied for a visitor visa and claimed she was just going to visit the U.S. She claimed she was just visiting when she arrived in the U.S. Now, suddenly she wants to live in the U.S.? There's a very strong chance that she could be accused of obtaining her visa and admission through false and misleading statements.
She fits the description of a person who entered the U.S. as a visitor with the preconceived notion of remaining forever.
Aliens in the B-2 classification are not allowed to participate in unpaid internships. |
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David
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No she cannot stay to wait .. she must leave by the date on her I-94 probably for 180 days ..then she must leave for 180 days before returning
She can apply for a student visa or similar ..
nothing on the B-2 visa ...She must not overstay or abuse her visa
that will kill her application |
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*Carnage*
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she will have to return home and apply from their....otherwise she is not different than those guilty of abusing their visit here and overstaying---without current documentation----she becomes an illegal.......
even if you petitioned----they would require PROOF that she had left the country as she is supposed to and STAYED OUT OF THE UNITED STATES like she is supposed to ---- if not, she blows it completely and when caught----banned for 10 years. |
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Anna P
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I believe you cannot overstay a tourist visa in the process of applying for a green card. She can volunteer for anything. If a company wants to sponsor her work visa, that would be OK as well. Also check under family reunification, but that has gotten stricter. |
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