What happens to my minor child when I immigrate to the US?
I was petitioned by my US citizen daughter for permanent residence to the USA. My application has been approved and I am waiting for my interview at the US Embassy. Once approved I will have to leave for the US to complete my adjustment of status.
What happens to my minor child? My son is 13 years old and I have no other relative in my home country. Should I inform the US consulate during my interview of my situation? I certainly cannot leave my minor child alone. Does someone have any similar experience like mine?
Under US immigration laws, I cannot petition my son until I have adjusted my status in the US — I cannot adjust my status without leaving for the US, and I certainly cannot leave him alone in my home country for what could potentially be 3-5 years.
Well, you’re correct in what you’ve said here. About the only thing you might be able to do is request humanitarian parole for your son through USCIS in the US, althought there’s no guarantee he’d get it. Normally, it’s only available under extraordinary circumstances when no visa is available. While that’s no entirely true here, it’s certainly true that no visa will be availble for him for at least 5 years, as you seem to know already. While there is no guarantee that a request would be granted, it does provide a posssible solution for you. Check out uscis.gov for more information and forms, plus there is a fee for the application. Otherwise, in the end you’ll be left with 2 choices, go without your son, or stay with your son in your home country.
Edit: folks, the American daugther in the US could have filed a petition for the son, her brother. However, that petition would take at least 11 years, up to 22 depending on the country involved, so there really wasn’t much point. Mom’s petition is an IR-5, or immediate relative petition which is valid for use immediately once it’s approved by immigration. Mom here can’t file until after she receives a green card, and that petition will take 5 years. There is no way to qualify this child for an immigrant visa at the present time.
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