I am a permanent resident. if I file I-130 for my daughter who is on visiting visa and is over 21, will she be able to stay in the US until her priority date? if yes, will she be able to work?
Asked on 1/26/17, 2:45 pm
1 Answer from Attorneys
Marlene Hemmings
Marlene Hemmings, Attorney at Law
Unfortunately, no to both. An I-130 petition affords no legal status & the Beneficiary must maintain legal status the entire time she is waiting for the I-130 to be approved & for the priority date to become current. Otherwise, she will have to leave the U.S. before her visa expires & consular process.
Answered on 1/26/17, 2:51 pm
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