回複：綠卡持有者為未成年女兒申請綠卡問題

請教皮老師、8老師及各位大俠：俺老公（女兒繼父）是公民，俺是臨時綠卡（剛取得），女兒今年剛滿20（92年6月出生），目前在美國讀大學。

請問大師：如果俺幫俺女兒申請綠卡，是否要等上8年（排期）？有可能提前嗎？

-If your re-marrage occurred after your child turned 18 years,  the child step-father can not sponsor her green card and only you can. You can file I-130 for F2A category and your child's CSPA age is less than 21 when your I-130 排期 is current. Thus, your child will get the green card in about 3 years.

Your child CSPA age = your child's age when your I-130 排期is current - your I-130 pending dates. So, from this equation, you can tell that the later your I-130 is approved (i.e. the longer your I-130 is pending), the better to your child qualification for F2A to file I-485 (e.g. the sooner your child can get the green card).

But if your I-130 is approved very soon, longer time before your 排期 is current, your child CSPA age may be more than 21, and thus, she can not use F2A and have to change F2A to F2B, which may take about 8 years to get the green card and she can not get married during this period of time.

問題二：在幫俺女兒申請綠卡期間俺女兒可以回國再回美嗎，她的護照於今年6月到期，假如暑假回中國簽證必須續簽，請問申請綠卡期間F1簽證可以續簽嗎，回中國後是否就出不來了？

-After you file I-130 for her, she will be considered to have immigration intent and thus, it may be difficult for her to get the F-1 visa outside US such as in China. So, it is very rishky for her to travel to China. By the way, her F-1 status will not be affected by the I-130 filing and she is legal to stay in US with F-1 status.

問題三：如果俺女兒不申請轉身份仍然用F1，她回中國續簽F1再來美國讀書有問題嗎？會不會因為母親及繼父的身份而拒簽。

-If you do not file I-130 for her, she is not considered to have immigration intent. So, during the visa interview, she only needs to prove her connection to China such as the close relationship to her biological father, etc. to prove she will return to China after she finishes her study just like every student does. 

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• 非常感謝！ -悄悄蒙上你的眼- ♀ (19 bytes) () 04/21/2012 postreply 21:14:29