Do I file for change of status for my daughter at the same time I file for mine?

UPDATED: Oct 1, 2022

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Do I file for change of status for my daughter at the same time I file for mine?

Came here with my daughter on a B1/B2 visa, overstayed but now married to a citizen. Im now filing for a change of status for myself, should I also file for my daughter at the same time? Shes 20 years old we were waiting for DACA but right now is just on hold.

Asked on March 5, 2018 under Immigration Law, California


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Your daughter may not be eligible for adjustment of status because if you and your US citizen spouse got married after your daughter's 18th birthday, your spouse cannot petition for your daughter and if she  cannot be petitioned by your spouse, there is no basis for her to apply for adjustment of status.  She would need to wait until you get your green card and then you petition for your daughter but that will take a few years.  Please let me know if you have any additional questions or how I can be of further assistance to you in this matter. 

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