Frequently Asked Questions On Immigration

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Piggyback Petition

Q. My adjustment of status interview is scheduled for Oct. 20. Can I take my daughter to my interview to she can get residence when I do? She came here on a visitor's visa. When my US citizen husband petitioned for me, he didn't include a petition for my daughter.

A. Try to bring a completed I-130 Petition for Alien relative, signed by your daughter's stepfather, with you to your interview. Also, bring completed INS form I-485, Application for Register Permanent Residence or to Adjust Status. Maybe the INS examiner will let you file the papers that day. If your daughter was not yet 18 at the time of your marriage, she's eligible for residence as your husband's stepchild. If her stay hasn't yet expired or she is still under 21, she qualifies to adjust status (have her interview here). A kind examiner may let her file her application on the day of your interview and join her file with yours. If the examiner doesn't go along with this, she can file her application separately. She can then stay here and attend school while waiting for her interview.

(By Alan Wernick)

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