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Daughter of a Green Card Holder over 21

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  • Daughter of a Green Card Holder over 21

    My daughter, is a 26 years old young woman, she is also a Doctor, not married ever, she is in Venezuela; there things are really bad, she lives with her 9 month old baby and her boyfriend. They haven't gotten married because we don't know if this will affect her immigration. Our oldest daughter is an american citizen by birth. We really want to get her out of that dire situation in Venezuela, so she can come and live and get into a Medical Residency Program that she desires so much. Can I or her dad, both green card holders, claim her to become a green card holder? How long does this procedures take? What happens if she marries during the process? Can we claim her baby in the same process? Once the process starts, can she come and do the necessary arrangements to get into a Medical Residency Program? If she gets into a Residency Program would that have any negative effect on her immigration process?

    I appreciate all the help you can provide. Thanks in advance.
    Last edited by belenrom; 05-26-2017, 01:32 PM.

  • #2
    Unmarried over-21 child of permanent resident is in the F2B category, with a wait of about 6.5 years. She cannot get married during this time (at least not before the petitioner becomes a citizen) as there is no category for married children of permanent residents. If the petitioner becomes a citizen and she remains unmarried she will be in the F1 category with a wait of about 6.5 years also, so there isn't much difference. (She could technically get married after the petitioner becomes a citizen, but then she would move to F1 and then F3 category, which has a wait of 12 years, so it would add a couple years to the wait.) If she immigrates while not married, then her spouse will not be able to immigrate as her derivative beneficiary; only her child will be able to immigrate as a derivative. She would then have to petition her spouse once she enters, which will be in the F2A category, with a wait of about 2 years.

    She can try to come to the US as a nonimmigrant during the wait, but it will be harder.

    This is my personal opinion and is not to be construed as legal advice.

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