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I am a USC. Can i file I-130 for my single adult daughter who has a valid visitor visa and is presently in the US?

Titusville, FL |
Attorney answers 5


You may. If she is under 21, she may be able to adjust status here in the US, although the timing of the filing of the I-485 is critically important in cases where the individual entered on a tourist visa. If she's over 21, you can still file the I-130, but there will be a long wait, and unless she can maintain some other form of status while she is waiting, she cannot remain in the U.S. I would advise you to schedule an appointment for a consultation with an immigration attorney to discuss your options.


You can file for her but that will not allow her to stay here while she is waiting for her visa priority date. She may have problems rentering on a visitor's visa with an immigrant petition pending. Consult an attorney.


Can i file I-130 for my single adult daughter who has a valid visitor visa and is presently in the US?
Can she continue to use her visitor's visa while the I-130 is pending without problems?
That will be up to the admitting officer every time she comes to the US. A visitor visa requires that one have no immigrant intent. An I-130 strongly suggests immigrant intent.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


You can file for daughter but she will have to wait to be eligible for a green card.

Alexus P. Sham (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.


As your unmarried daughter is an adult your petition for her falls under the first preference visa classification. Presently permanent status is being granted in the 1st preference for petitions for persons from most countries that were filed on or before June 1, 2006. See visa bulletin at . Yes you should file the petition but you should consider possible impacts such as the possible effect on the visitor visa, eligibility to adjust status and length of time to eligibility to permanent resident status.


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