What is the best way to apply for my 7 year old daughter to immigrate? 2 Answers as of April 13, 2011

I am a permanent resident in the US, married to a US citizen who's in the military. I've had my conditional green card since February 2011. I am wanting to now bring my 7 year old daughter over to the states from England. A) Can I have her come visit & then file I-130 & I-485 whilst she's here, if so would she have to leave after the 90 day period allowed on the I-94 if the process hasn't been completed within that time? OR B) Should I file the I-130 whilst she's still in England & wait for it to be processed, would she have to visit the US Embassy in England to receive her visa? She's only 7 so can't go on her own and she doesn't have anyone who'd be able to take her, unless when the date came available I travel to England and take her myself, would that be plausible?

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Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Your husband needs to petition your daughter to immigrant to the U.S. since she is his step-daughter. Bringing her to the U.S. as a visitor with the intention of remaining and filing for a Green Card through adjustment of status could create some problems for her and you. As for her going to the interview alone, either you or a guardian can go with her.
Answer Applies to: California
Replied: 4/13/2011
Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
It is best to first file the I-130 (using your husband as the petitioner), then proceed with consular processing. The process is a little longer, and I understand she is so little.but it is safer. The other option (Visit to the US, then file combined I-130 / I-485) involves using the visit with the intent to stay permanently. Someone entering as a tourist should have the intention to act as a tourist and return home, not have the secret intention to remain forever and file for a green card. Good luck.
Answer Applies to: California
Replied: 4/12/2011
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