回複：My case again, EAD to H1

Teacher 8 and Pj:

It's me again, and my story is that my daughter went to China without AP, and now she could not return to USA.

I was just told that even though I transfer my status from EAD to H1, my daughter still can not come back to USA, as she is over 21. Is that correct?

-Correct, unfortunately.

My daughter just turned 21 couple of months ago. If it is ture, is there any other choices for me.

-No. Your kid made a big mistake to leave US without AP. She should have applied for the emergency AP at the USCIS local office before she left which only takes one day to get the emergency AP. You also have big reponsibility in this matter because you should have known this basic immigration rule as a parent. If you do not know, you should have asked someone arround you or ask us here. Another trouble is that your child I-485 may be denied, and thus worse thing is that she might not be qualiied to do the following-to-join to apply for the immigration visa due to her age > 21 unless you will get your green card shortly.

So, the only hope is that USCIS do not deny her I-485 and then approve her I-485, thus you can send her green card to her to come back. I am not sure how big this hope will be, but still a hope.

I am so worried about it, and your answer will be highly appreciated