F1 to Green Card, what happens to dependents on F2

[floatingfrisbee]

Hello!

A friend of mine is in a unique situation. She is in the US on an F1 visa, and is applying for a green card based on her older daughter's status (older daughter was born in the US and is a US citizen).

The tricky part is that she has a younger daughter who is not a US citizen, and is currently on F2 status, tied to my friend's F1 visa. Her lawyer just informed her that her younger daughter will be out of status when she gets the green card, and would have to go back to her country (Morocco) or be enrolled into a school so she can get her own F1 visa (which would incur a substantial cost). That seems a bit strange to me, and so I wanted to check if anyone has any insight into this scenario, and any suggestions how the younger daughter can remain with the family in the US without incurring a high financial cost.

Thanks in advance for your help.

[PeterBrodbeck]

Your friend's lawyer is correct in that her younger daughter will be out of status when she gets the green card. This is because the F2 visa is tied to the F1 visa, and when the F1 visa holder (your friend) gets the green card, their F2 dependents (your friend's younger daughter) will no longer be eligible to remain in the US.
There are a few options for your friend's younger daughter to remain in the US without incurring a high financial cost. One option is to apply for a derivative green card based on her mother's green card. This is a relatively straightforward process, and it would allow your friend's younger daughter to remain in the US with her family without having to go back to Morocco or enroll in school.
Another option is for your friend's younger daughter to apply for a U visa. U visas are available to victims of certain crimes who have been helpful to law enforcement in investigating or prosecuting the crime. If your friend's younger daughter qualifies for a U visa, she would be able to remain in the US and work legally.

[newacct]

One option is to apply for a derivative green card based on her mother's green card.

This is incorrect. The Immediate Relative category (spouse, parent, or unmarried under-21 child of US citizen) cannot have derivative beneficiaries.

[PeterBrodbeck]

Thank you for your correction. I apologize for the error in my previous post. You are correct that the Immediate Relative category cannot have derivative beneficiaries.
In the case of the OP, the younger daughter is not a derivative beneficiary of her mother's green card application. This means that she will not automatically be granted a green card when her mother becomes a green card holder.

[Greg_Avery]

Hey there! I can relate to the challenges of navigating complex situations. Regarding your friend's situation, it's important to consult with immigration experts for the most accurate guidance. Speaking of assistance, as a student, I've found AssignmentBro https://assignmentbro.com/us/ to be a valuable resource. It's a platform that provides assignment help for various subjects, making academic life more manageable. Students can easily find expert guidance, examples, and explanations to improve their understanding and performance. Wishing your friend the best in finding a solution and your younger daughter a smooth path ahead!

[lylawa]

Your friend's attorney is correct in stating that her younger daughter will face a status change when she receives the green card. As the F2 visa is dependent on the F1 visa, once your friend, the F1 visa holder, obtains the green card, her younger daughter on the F2 visa will lose eligibility to stay in the US.

There are viable options for your friend's younger daughter to stay in the US without incurring high financial costs. One option is applying for a derivative green card based on her mother's green card. This process is relatively straightforward, allowing the younger daughter to remain with her family in the US without returning to Morocco or enrolling in school.

Alternatively, your friend's younger daughter can explore applying for a U visa. U visas are available to victims of certain crimes who have assisted law enforcement in investigating or prosecuting the crime. If eligible, this would enable her to stay in the US and work legally.