Eventually, the daughter will have to consulate process and will meed a waiver.
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The I-130 will not take into account legal status or criminal history. Rather, it shows that you are a US Citizen, that the relationship exists and that she is over 21. It is when it becomes current that all of the issues of status and criminal history come into play.
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You should speak with an attorney in private. The 130 petition will be approved because she is the daughter of a citizen. However, if she has lived illegally in the US for several years, there is a bar that will apply and stop her from getting a green card.
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Wil take an eternity under American quota. Her criminal past will not affect I-130 approval. Long illegal stay may prove to be a bar later on.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
The issue is whether she can adjust her status in the United States, or whether she would be subject to a bar for illegal status. Please, privately consult an immigration attorney. It is good that you filed, but under current law it will take over a decade and she might not qualify then. Please see an attorney. Best wishes.
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