An LPR stays abroad for over one year

L

Levan

New Member
Hello,
An LPR child stayed abroad for over a year. His mother, married to an USC (who is not the child father), wants to bring her son to US. What can we do from here? Do I contact the Consulate there myself and/or send them DS-117 with appropriate documantation from here? I am newly admitted attorney and I am a solo practitioner. I would appreciate your help.
Best,
Levan
 
Hi Levan,
If you're an immediate relative of a US citizen and stay outside US through consular processing you can become a permanent resident.When USCIS works with the Department of State to issue a visa on an approved Form I-130 petition when a visa is available its referred to as Consular processing. You may then travel on the visa and will officially become a permanent resident when admitted at a U.S. port of entry.
 
Thank you Nancy,
The child's mother is also LPR who is married to a USC (not a biological father). Is the child considered a step child of the USC automatically. Do I need to contact Consulate in Georgia? I do not know how to start the ball rolling. I understand the theory behind it but lack practice.
 
Levan said:
Thank you Nancy,
The child's mother is also LPR who is married to a USC (not a biological father). Is the child considered a step child of the USC automatically. Do I need to contact Consulate in Georgia? I do not know how to start the ball rolling. I understand the theory behind it but lack practice.
Click to expand...

Child is defined in INA 101(b)(1) for immigration purposes (visa petitions).

The minor unmarried child under age 18 of an alien spouse becomes the stepchild of the USC (or LPR) spouse.

IF a child is born to an LPR while she is away for a temporary visit and the child accompanies her on her first return to the U.S. before the 2nd birthday, the child is automatically processed for a greencard by CBP at the border or other POE (like an inland international airport as well as entry is a U.S. territory [does not include American Samoa]). An LPR father can bring back his child but this is not a usual scenario unless the mother dies.

If you need to file an I-130 for your stepchild, be aware that the regs on that changed on May 17th 2011. Review 8 CFR 204.1 and the Link to an amendment published at 76 FR 28305, May 17, 2011. See and bookmark the e-cfr at: http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/index.tpl
 
Nancy,
What about if my client's mother applied for a Returning Resident Visa at a Consulate in Georgia? Would that be an option as well. And do you think it would be a faster route to get the child to US? But in either case, where do I file G-28, in US or Consulate in Georgia?
Thank you,
Levan
 
The G-28 is a USCIS form used only with DHS immigration agencies domestically.

Form G-28I is filed abroad before any of the 3 DHS immigration agencies.

Qualifications vary.
 
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