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Immigration Issues/Can my daughter ( H4 VISA) still enter the US?

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Hi, Robert,

I have an ungent question. I am currently in US and I just got my green card approved last week (Family based application - my second husband is an American Citizen). I have been applied for daughter from my first marriage (born in China, 6 yr old, in China now and never come to US before) to come to visit me and she got the H4 visa last month from US embassy in China. (I was H1 when she got the visa). I plan to go to china next month and bring her back. Is there any problem for us to enter the US customs since my status changes from H1 to Permanent resident. Will she be denied entering the US even if she already got a visa? Can I explain to the customes that my green card application was just approved 1 week ago? Some friends suggested to let my daughter come alone now but I really don't want her to travel alone. Any suggestion you might have in this case? Thank you so much.

A worried mom - Ann  

Answer
I agree with your friend's - she will not be let in under H4 and since she does not have an immigrant visa - they will send her back. Your current husband should file an I-130 petition so she can get an immigrant visa interview. This process will take about 9 months.

Regards,

Robert

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