A father (green card holder) is petitioning for his daughter. I-130 is already approved. A daughter is here but she has overstayed her visa already, since i-130 was taking long. Can she file I-485 based on her father's approved i-130 and ask to do her interview here in the US without leaving the country? The reason for the concern is because National Visa Center is now asking to proceed and to pay the affidavit of support fee. NVC means the interview is supposed to be abroad. Can she stay here and do the interview here? Thank you
Sorry, since she overstayed she is not eligible to file an I-485.
Plus, she may have a problem if she overstayed by more than 180 days ... she'll need a waiver.
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if she is under 21 and if meanwhile you became a US citizen yes, she can otherwise no, she must be processed for immigrant visa through NVC, and must get the visa at the embassy while going there will make her subject of the 3 or 10 tears bar depending on the length of her overstay period. a detailed consultation with an attorney is required in this case.
No, unfortunately as the daughter of a green card holder (even if the daughter is under 21), she is not considered an "immediate relative" and thus must return her home country to complete consular processing . Also, any time out of status after age 18 is considered "unlawful presence" and can subject her to the 3-year bar (for unlawful presence of 180-364 days after age 18) or 10-year bar (for unlawful presence of one year or more), which will prevent her from returning to the US during that time period unless she can obtain an unlawful presence waiver. The 3/10 bars are triggered by her departure from the US (to return home to apply for the visa or for any other reason). Consult directly with an immigration attorney for further assistance. Best wishes!
Please note, the above answer is for general informational purposes only and does not create an attorney-client relationship with this attorney or her law firm.
The daughter is not eligible to file I-485 because she overstayed. She would need to do consular processing ,and might be a subject to a 3 or 10 year bar, depending on the length of overstay.
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