回複：請教皮老師和8老師:女兒團聚

1. What kinds of visa should she apply from US embassy in China now?

-If you or her father can not get the H1 status, she may apply for the B2 visa to enter US.

2. It seems we can not apply H1 again, so she can not change to H4 after she arrives here. or maybe we will get GC before she comes here. If she gets B1/B2 visa again, how can we help her change status in US?

-She can extend her B2 visa again to see whether your PD is current. If it is current, she can file her I-485.

 If we get Green card soon and she can not change to H4, does this mean she has to back to China again to apply green card?

-If your PD is current, she can file I-485 no matter whether you get your GC or not.

3. The worst scenario is that she will not change anything (B1/B2) and just illegally stay here. Will this situation affect her school study (she is 13 years old only)?

-She still can illegally stay for less than 180 days (up to 179 days) and then, file I-485. So, if she can get the B2 status for 6 months, then apply for extension for another 6 months, and still can illegally stay for extra nearly 6 months, then she still can file her I-485. So, theoretically, she has total about 18 months to go without affecting I-485 filing and approval, and I am sure your PD will be current during 18 months.

 Can she wait here until we apply citizen and then apply for green card for her?

4.or Can we apply GC for her before we become cirizen while she is still in US?

-Yes.

Any ways?

-File I-485 directly when your PD is current as you did before.

Really appreciate your inputs since we sincerely hope she will join with us (her step mother in China is ugly which hurts our hearts often).

 

Thank you!

Face-peach

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• 回複：回複：請教皮老師和8老師:女兒團聚 -Face-peach- ♀ (107 bytes) () 08/08/2011 postreply 15:07:00