Question about filling I-130 and I 485 for my daughter

[shakkira]

Hi, I have a daughter who was born on a US Military Hospital (on base) in Japan. At the time, me and my husband were not a US Citizen, but we both had permanent resident card (Green Card). Because of that, we were told that our daughter will be a Japanese Citizen even though she was born on a US military property and that she will need a Japanese Passport to enter the United States with us. We had no choice but to do so and our daughter entered the United States on 2002 with a visiting visa. She has been living with us the whole time till now, of course and recently my husband became a US Citizen. We are now trying to get our daughter a Green Card. We know that we need to file I-130 & I485 form but before we were concerned about something.

Question:
I have heard that if you entered the US with a visiting Visa and filed for Permanent Residence (I-485) after the visiting duration has expired (which is true in our case for the last 6 years) our form will not be approved. Is this true? and if so, what other options do we have for our daughter?

I would really like to get more info, or an opinion about this before we spend over a thousand on filing. We have not heard of anyone with the same problem...any help is appreciated. Thank you!

Shakkira

 

[NYImmLaw]

Question:
I have heard that if you entered the US with a visiting Visa and filed for Permanent Residence (I-485) after the visiting duration has expired (which is true in our case for the last 6 years) our form will not be approved. Is this true? and if so, what other options do we have for our daughter?

I would really like to get more info, or an opinion about this before we spend over a thousand on filing. We have not heard of anyone with the same problem...any help is appreciated. Thank you!

Shakkira

Your child is considered an "immediate relative" under U.S. immigration law. That means her overstay of the visiting visa is forgiven. She should be able to get her greencard without a problem. Plus, since your husband is a U.S. citizen your daughter will instantly become a U.S. citizen when she gets her greencard. You can then file for a Certificate of Citizenship for her.

 

[shakkira]

Thank you so much for your reply Makes us feel a lot better! We will try submitting the forms as soon as possible.

 

[evcalyptos]

Thank you so much for your reply Makes us feel a lot better! We will try submitting the forms as soon as possible.

She may not be able to keep her Japanese citizenship when she gains US citizenship (or she might have to choose at age 18); you might want to follow up on that if it's a concern for you.