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How can my dependent daughter enter the U.S. after our I-526 gets approved?

My wife and I are currently living in the U.S. and my non-immigrant status is E-2. My I-526 was approved on Jan 15, 2019. My daughter was under 21 when I filed our I-526 application. She does not live in the U.S. now. I am filing an I-485 for myself and my wife. How should I proceed so my daughter can enter the country?

Answers

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    If she is still under 21, she should process as an E-2 dependent/derivative child and enter the U.S. under that visa status, then file for I-485 adjustment of status along with you and your spouse.

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    Laily Boutaleb

    Immigration Attorney
    Answered on

    Once CSPA (Child Status Protection Act) is calculated and determined, your daughter's case will be processed through the National Visa Center (NVC) and, in turn, the embassy. You can contact NVC directly (via phone or email).

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    Lynne Feldman

    Immigration Attorney
    Answered on

    If she is under 21 she may enter as an E-2 or, if CSPA eligible, file at the consulate after you get PR cards. This would require an I-824 filing, though.

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    Anastasia White

    Immigration Attorney
    Answered on

    Generally, each dependent family member may apply for an immigrant visa abroad as a "follow-to-join" family member. However, the principal applicant (you) must obtain your conditional resident status first. There are a few possible problems if your daughter has already turned 21 years old or will turn 21 very soon, because she may become ineligible. Please consult with an immigration attorney to explore possible options.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You may all consular process for immigrant visas abroad so that your daughter processes with you and enters the U.S. as a conditional permanent resident. Otherwise, you should consular process her as follow to join. Also, talk to your immigration attorney to ensure your child is protected under CSPA and does not age out.

  • Avatar

    Marko Issever

    EB-5 Broker Dealer
    Answered on

    Even though the easiest way to proceed in your case is to file for adjustment of status here in the U.S. through the I-485, that is not necessarily the case if you would like to include your unmarried daughter. Instead of filing I-485, why don't you opt for consular processing by filing DS-230 abroad? This way your daughter, who was under 21 years old when you first filed your I-526 application, will be able to "follow to join." This way she can benefit from the Child Status Protection Act.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    A process called "follow to join" allows family members to obtain IV at different times, but always after the principal obtains CPR status. It seems that age-out is an issue in your case. You should discuss with an attorney immediately to make sure your daughter remains eligible. Perhaps it would be best for all of you to process at a consulate.

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    Irina Rostova

    Immigration Attorney
    Answered on

    You can file for an immigrant visa for your daughter through consular processing as a "following to join" family member.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    She should get an E-2 and then join you in filing the I-485. You have to watch for CSPA protection, and if she does not file for you when filing the I-485, make sure you file an I-824 derivative following to join application for her so as to freeze her age under 21 years, if possible. Alternatively, you might all be able to consular process abroad, but make sure you file the DS-260 and pay the visa fee within 12 months of approval, so as to "seek to acquire" status, which freezes her age under CSPA.

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