Should I wait for the appeal before I file I-130 for my child?

Question

Should I wait for the appeal before I file I-130 for my child?

Anonymous Jun 25, 2015 5 views 1 answers

My 13 year old child had been denied with her F1 change of status, Then we file a case to re open and it's now in process. We are a Permanent Resident now and planning to file her I-130. My question is should I wait for the decision of USCIS coz maybe they will grant or approved the appeal then my child will became in status. Is there any changes if I will wait for the decision or it will still be the same process whether approved or not our appeal? That they will process the petition in our Home Country? Thanks

Kevin Dixler · Answer 1 · 2026-06-15T15:10:06+00:00

This seems complicated due to the denial. If there has been a denial and appeal, then the situation should be reviewed. We need more information. How old is your child? If you file for her, then she cannot adjust status in the U.S., because she is not entitled to an immediate immigration visa as the child of a lawful permanent resident. You must become a U. S. Citizen in order for that to happen. I strongly recommend an appointment with a competent immigration and visa attorney before something happens that may cause her to be banned from lawfully immigrating to the U. S.

Should I wait for the appeal before I file I-130 for my child?

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