[orbit22]

My mother petitioned my sister back in 1998 when she was under 21. She's now a single parent of a 6 year old girl. Since my sister was under the child protection act she is still considered a minor. According to NVC derivative benificiaries are not eligible to be added to her immediate relative (IR2) status unless she foregoes and become a first family(F1) preference status. It is incedibly hard to get a US visa from the Philippines. It would take another 10 years if she change her status to F1. Can we apply for a student visa for her daughter so she can come with her mom when she finally gets her visa? Are there any other options for her and her daughter?

[NYcityboy]

F-1 is not likely to be approved in that it is an NIV with strong requirement for unabandoned foreign residence, so cannot have any indication of applying for permanent residence.