Can a child who is under 2 yrs old of a PR be brought to the U.S.A?

H

hope09

Registered Users (C)
Greetings all,
I would like your help in addressing the following question:
Can a child who is under two years of age of a legal permanent resident father and non-PR mother be sponsored and brought to the U.S.A? I know that PRs do not have many privileges and would like to know. Thanks in advance for your input.
 
hope09 said:
Greetings all,
I would like your help in addressing the following question:
Can a child who is under two years of age of a legal permanent resident father and non-PR mother be sponsored and brought to the U.S.A? I know that PRs do not have many privileges and would like to know. Thanks in advance for your input.
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Ofcourse as an LPR you can bring ur wife and kids (IR) petitioning the i130. but if ur question is if you can bring the child without any delay, unfortunately i believe the answer is no. If the father is a USC and the mother an LPR if the baby was born on her temporary trip abroad, provided that its the mother's first entry after having the baby and the baby is under 2 years of age, there is no need for an i130 for the child. the returning alien mother can bring the child and the child becomes an LPR upon arrival.

the LPR can petition his spouse/children, as long as the children are un married. you will have to wait till the visa number to be current. 4-5 years since the LPR petitions for his IR

A. Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.
 
solid_traveling said:
If the father is a USC and the mother an LPR if the baby was born on her temporary trip abroad, provided that its the mother's first entry after having the baby and the baby is under 2 years of age, there is no need for an i130 for the child. the returning alien mother can bring the child and the child becomes an LPR upon arrival.
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Actually neither parent needs to be a USC; just both need to be permanent residents. I do not know the situation offhand if only one parent is a PR.
 
TheRealCanadian said:
Actually neither parent needs to be a USC; just both need to be permanent residents. I do not know the situation offhand if only one parent is a PR.
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kewl, some one advised me abt that, as i am a USC and my wife a LPR and we were planning to have the baby back in our home country.


thanks....
 
Thanks all of your input regarding my question. Would anyone have further input on this questions. Thanks.
 
would u want to bring ur child or the mother too ?

there should be some kinda way for family union of LPRs rather than having to wait for like 5 years.

:(
 
I appreciate all of your input. However, I am still not so sure about the chances of getting the under 2 yrs age child into the USA with only LPR father?
 
hope09 said:
I appreciate all of your input. However, I am still not so sure about the chances of getting the under 2 yrs age child into the USA with only LPR father?
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If the father is LPR, and the mother is a non-LPR alien, to bring the child you would have to have to file I-130 or obtain an appropriate nonimmigrant visa for the child (e.g. if the mother has an H1B, the baby can get H4).
 
Yes, the father is LPR, and the mother is a non-LPR alien. So, I see that the faher must petition for this child using the form I-130 for an alien relative to immigrate to the U.S.A. What are the requirements for such process and most of all, how long would it usually take to process such petition? One more thing, can such petition be used for the baby's mother as well? I thought that it is rather harder and it takes a long time to sponor a relative with only LPR. Thanks.
 
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hope09 said:
Yes, the father is LPR, and the mother is a non-LPR alien. So, I see that the faher must petition for this child using the form I-130 for an alien relative to immigrate to the U.S.A. What are the requirements for such process and most of all, how long would it usually take to process such petition? One more thing, can such petition be used for the baby's mother as well? I thought that it is rather harder and it takes a long time to sponor a relative with only LPR. Thanks.
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Both the mother and child can be petitioned via I-130, and both will have a 4 to 5 year wait, unless the father becomes a citizen sooner.
 
Jackolantern said:
Both the mother and child can be petitioned via I-130, and both will have a 4 to 5 year wait, unless the father becomes a citizen sooner.
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for the given scenario of the OP, is it advisable for the OP to petition for his spouse and child as an LPR and update the status when he gets naturalized to IR of USC, or is it in best interest for him to wait till the OP naturalizes to petition for his wife and child as IR of USC, as the OP is an LPR, he is looking at 4-5 years any way(assuming that he is an LPR for X amount of years and its just a few more to be a 5 years as an LPR). as it takes a while for the wife and kids of an LPR to be allotted a visa number, as their priority dates become current and as a USC the wife and kids gets the visa number right away. Please correct me if i am wrong
 
solid_traveling said:
for the given scenario of the OP, is it advisable for the OP to petition for his spouse and child as an LPR and update the status when he gets naturalized to IR of USC, or is it in best interest for him to wait till the OP naturalizes to petition for his wife and child as IR of USC, as the OP is an LPR, he is looking at 4-5 years any way(assuming that he is an LPR for X amount of years and its just a few more to be a 5 years as an LPR). as it takes a while for the wife and kids of an LPR to be allotted a visa number, as their priority dates become current and as a USC the wife and kids gets the visa number right away. Please correct me if i am wrong
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Depends on whether he is fairly close to citizenship eligibility (like less than a year). USCIS and the consulates are often slow and lazy when it comes to upgrading the I-130 to reflect the new citizenship status of the petitioner, and slow to notify people when they have done the upgrade. They also process the I-130 more slowly when it is filed by an LPR, so if the LPR files it with less than a year before citizenship, they might not have approved the I-130 by the time he gets citizenship. So unless the LPR is far enough away from citizenship that the I-130 is likely to be approved before naturalization, it is probably faster overall to just wait until naturalization and then file the I-130, so it is treated as a USC-filed petition from day 1.
 
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