Can my 21 year old citizen daughter apply for my green card? | Immigration Attorney | Eatontown NJ

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Can my 21 year old citizen daughter apply for my green card?

Yes she can.  But that is the wrong question

So what should I ask?

Where and how can you change your status to that of a lawful permanent resident.

Your U.S. citizen daughter can absolutely apply for her you.  If you entered the U.S. legally, meaning with a visa, you can adjust your status to a lawful permanent resident in the U.S.  However, if you entered the U.S. without inspection (meaning without permission or illegally) you can only change your status through consular processing unless you qualifies for the LIFE act (otherwise known as 245i).  This gentleman entered the U.S. in 2004 and the LIFE Act expired on April 30, 2001.  That only leaves him with consular processing.

What’s the problem with Consular Processing?

Here is the challenge with consular processing, the moment you leaves the U.S. you are subject to the 3 and 10 year bar.  That means that if you accrued more than six months (but less than a year) of time in the U.S. without permission you can’t return to the U.S. for three years.  If you accrued more than one year of unlawful presence you can’t return for ten years.  There is an unlawful presence waiver that you can apply for, only if the petitioner is your U.S. citizen spouse or parent.  Your U.S. citizen child doesn’t count.

So the real question isn’t can your U.S. citizen daughter apply for you, but whether you can adjust in the U.S. or will be allowd back into the U.S. through consular processing without a prolonged stay outside the U.S.

There may be other options for you, but that requires an individual assessment. Call 888-695-6169 to talk to our knowledgeable staff today.  Alternatively, you can fill out the contact form on this page or the live chat feature to get started right away.

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