Can my 24 year old daughter be staying in Georgia with her family when we file for permanent residency for her?

My daughter, son and myself moved to the Georgia in October, 2008 on K visa’s. My husband and I married 2 days after we arrived and we are still married. My daughter, unfortunately went back to Canada before she was granted her landed immigrant status and lost her status. Now 24 years old, she regrets her leaving and wants to come home. I was diagnosed with GBM, malignant glioblastoma brain cancer just over a year ago and wondered if there was a quicker way of my daughter coming home. Can she come live with us while we start the process?

Asked on January 23, 2018 under Immigration Law, Georgia

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If you are a US citizen, you can petition for your daughter and the process will take about 1 year.  She can be in the US for part of that time, if she can enter as a visa exempt Canadian but most likely she will not be able to stay here for the duration of the process since she can only be in the US for up to 6 months as a visitor.


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