If a permanent resident files a Form I-130 a daughter who is over the age of 21, and who is in the U.S. on a tourist visa, will the daughter be able to stay in the US until her priority date? If so, will she be able to work?
If a permanent resident files a Form I-130 a daughter who is over the age of 21, and who is in the U.S. on a tourist visa, will the daughter be able to stay in the US until her priority date? If so, will she be able to work?
An I-130 petition does not grant legal status. Absent a basis such as marriage upon which it may be possible to adjust status despite an overstay, the beneficiary of the petition must remain in legal status during the entire time she is in the United States waiting for her I-130 to be approved and for her priority date to become current. As that will not be possible under the facts as stated, the daughter will have to leave the U.S. before her visa expires, and ultimately pursue consular processing.