Ocean Ridge, FL Immigration Law Firms & Lawyers

The law allows a visitor who entered under the VWP to adjust their status in the U.S. if they marry a U.S. Citizen. If your application is filed before you current stay expires you should not have a problem. However, if file after your 90 days stay expires you could have a problem since Attorneys have noticed that some USCIS offices are denying adjustment of status applications filed after the person's 90 days stay expired. We believe that this is based on their erroneous interpretation of a recent court case. In the area that I practice (Los Angeles, Orange, San Bernardino and Riverside Counties in California) there are not doing this. However, you should check with an attorney in your area to see how the USCIS is treating such cases.

Fastest way may be some type of nonimmigrant visa. I would be happy to consult with you on the various options once I know your daughter's educational and work experience background and of what country she is a citizen. You can petition for her to obtain a green card but she will be subject to the quota system as a preference applicant. Her category is FB-1 (unmarried child of a USC over 21) There are three stages to the case - 1) I-130 filed with USCIS office; 2) approved I-130 is sent to national Visa Center which collects money and forms for the Department of State consular offices. 3) Case is shipped for interview and medical Right now there are only visas for cases which were on file prior to January 1, 2005 (or other date depending on her country of birth) so even if step 1 is approved and the case is shipped to NVC it will be held there until your Priority Date is current. Priority Date is established by the date the I-130 is received by USCIS. Until there is a visa nothing will move forward on her case. You should file for citizenship at your soonest opportunity as then her case would be upgraded to immediate relative. If we can assist in the processing of her case, please contact me as indicated below for fees, procedures, and timing.