GC holder need to bring my 2 year old

[Reunion]

Hi everybody,
I am lost and don't know what to do... I received my GC in sept. 2006, but I gave a birth to my baby in Uzbekistan, my home country, because my husband didn't want to move to the US. Unfortunately, but now we're divorced and I am in Seattle, working and studying, and my 2 year old son is back in Uzbekistan with my parents. I never brought him to the US. Recently I found out that it will be a whole issue to apply for my son to join me. I miss him terribly, and can't imagine now what I would do if it can take me years to bring him here. I was so busy with getting prepared to medical examinations, and didn't think it would be a problem to bring my son here (stupid of me!). What are my options? What would be the fastest way for us to be together again? Is there anybody with similar experience? I am in the beginning of this way, and will be glad to any advice. Thanks

 

[Jackolantern]

If you only asked these questions 1 or 2 years ago things would have been so much easier. If you brought the child to the US before his 2nd birthday he would have been allowed into the US with you and would instantly become a permanent resident. But now that he is 2, that provision is no longer available and when you file an I-130 for him it will be a 5-year wait to bring him to the US. That wait can be cut down to 6-12 months if you become a US citizen, but you still have about 2 more years of waiting to become a citizen, possibly 3 or 4 or 5 years if you returned from Uzbekistan less than 2 years ago.

 

[Reunion]

I can't believe it... If only I knew that couple years matter that much, of course I would have brought him here. There must be a way! Can I at least bring him as a guest and to file documents from here? Or any other option? I miss him so much, he's small and we need to be together!

 

[Jackolantern]

There must be a way!

Sorry, there is no way except to file the papers and wait out the years. There WAS a way, but it's too late because you apparently weren't thinking of bringing him to the US back when he was younger.

With US immigration, you have to think and plan years ahead, because if you wait until you actually need something immigration-related it is often too late.

Can I at least bring him as a guest and to file documents from here?

If you bring him over now*, you won't be able to file documents for him that would allow him to stay, because you are not a US citizen. You could file the papers anyway, but he'd have to leave the country and wait out the years until he's approved to move to the US.


*which is very unlikely to happen, because you'd need a tourist visa for him, and they won't grant one because they'll expect that you'll have him overstay the visa.

 

[Reunion]

Probably I will have to drop all this idea about living in the US. I can't be without my child that long... I am so upset.

 

[LucyMO]

the future of your child depends on you. It's better for you and him to live in the States eventually than for you and him to live in UZ forever. Think about it. You do want him to have a good future, don't you?

You can still try to get him a tourist visa. He can then come for 6 months at a time. Just make sure his application is truthful and doesn't hide any information.

 

[Jackolantern]

You can still try to get him a tourist visa.

Well, it's worth a try, as there is nothing to lose but the fee. However, I would expect a 95% chance of denial due to the circumstances (mother with GC living in the US).

He can then come for 6 months at a time.

And that's not 6 months, go away for 2 days and come back again for 6 months. It's normally 6 months maximum out of each 12-month period.

 

[shamu2010]

Jackolantern it's depend on the officer.....i'm in the states right now on a tourist visa and also in 2008 i was in the state more than 6 months, my husband is LPR....

Reunion of course you should try to get a visa for your son, so he could spent some time with you and then again with the grandparents.....good luck to you

 

[TheRealCanadian]

Jackolantern it's depend on the officer.....i'm in the states right now on a tourist visa and also in 2008 i was in the state more than 6 months, my husband is LPR....

Yes, it depends on the officer. I can't think of a way where a consular officer would believe that a 2 year old from kazakhstan would voluntarily leave his mother who is a US permanent resident at the time his visit was done. Can you?

Actually, there is a way - the consular officer feels sorry for the child and gives the visa anyways, knowing that the child will overstay and eventually get sponsored. I wouldn't count on this happening, but you never know. The other thing to remember is that while the child cannot accumulate illegal presence, he still cannot adjust based on an FB2 petition; only an IR petition once the mother naturalizes.

 

[Jackolantern]

Jackolantern it's depend on the officer.....i'm in the states right now on a tourist visa and also in 2008 i was in the state more than 6 months, my husband is LPR....

Did you already have the visa before you were married and before your husband became an LPR? If not, did you disclose that you were married to an LPR when applying for the visa? Before the marriage, did you have a history of visiting the US and leaving before your allotted time expired?

This 2 year old doesn't have a visa yet, and has no US travel history. It is highly unlikely that an officer at the consulate would believe the mother is going to voluntarily separate herself from the child for an extended period when the visa expires.

Anyway, I didn't say it was impossible. It's just very unlikely, and there is no harm in trying other than loss of the visa fee.

 

[Jackolantern]

Yes, it depends on the officer. I can't think of a way where a consular officer would believe that a 2 year old from kazakhstan would voluntarily leave his mother who is a US permanent resident at the time his visit was done. Can you?

Well, a 2-year old can't voluntarily leave his mother.

Of course, the issue is that a consular officer isn't going to believe the mother will voluntarily separate from her child at the expiration of the I-94.

 

[Reunion]

Thanks, guys, to those cheering me up. Yeah, the whole point of moving to the US was to get a better life eventually for my son, and I believe in my abilities and fortune. But if I REALLY won't be able to see him for 5 years, it's not worth it. I believe I can lose something much more important. My mother called to the immigration section of the US embassy and they said there are some options for me which would be much shorter than 5 years. And it sounds logical, I couldn't believe that a small child can't be with his mother. The laws (like many other things) in this country are written by very smart people and every letter of it is for a reason, they take into account so many things that can happen in life.

 

[wifey246]

What's the other option? Please share.

 

[Reunion]

Of course, I will. I just want to understand the procedures better and not to confuse others and myself.

 

[LucyMO]

But if I REALLY won't be able to see him for 5 years, it's not worth it.

it's not going to be 5 years (more like 3 years), because you got your GC in 2006. I am assuming that you are not married to a USC... You will be eligible to apply for citizenship 4 years and 9 month from "resident since" in your GC. It now takes about 4-6 months to become a citizen. As soon as you have your naturalization certificate you can apply for him as a USC applying for a minor child (if you choose to do consular processing), and he'll get his visa within 6-12 months.

My mother called to the immigration section of the US embassy and they said there are some options for me which would be much shorter than 5 years.

yes, it's called US military...
Or could be a humanitarian parole.

I couldn't believe that a small child can't be with his mother.

You were given a chance to bring your child with you and make him a permanent resident immediately. You could have also given birth to him in the US making him a USC by birth... Now, he can still be with you, in due course.

 

[Jackolantern]

it's not going to be 5 years (more like 3 years), because you got your GC in 2006. I am assuming that you are not married to a USC... You will be eligible to apply for citizenship 4 years and 9 month from "resident since" in your GC.

It's probably going to be more like 4 or 5 years, as she apparently has spent at least a year or two in Uzbekistan, which would break continuous residence and delay citizenship eligibility.

 

[Ahad]

if you a divorced, then there must be a court order granting you the parental rights, otherwise you won't be able to take your son outside the country.
I wish you all the best.

 

[aosing]

Everyone is assuming the husband is not a USC. Given all the wrong assumptions Reunion made, I would not, even though he is probably also from UZ. Reunion, was your a husband a USC or not? If so your son may be a USC (depending on when your husband lived in the US) and could come over immediately. Otherwise what is said above applies.

the future of your child depends on you. It's better for you and him to live in the States eventually than for you and him to live in UZ forever. Think about it. You do want him to have a good future, don't you?

That's not your decision to make. It is hers. You can't assume that the son would not have a good future in Uzbekistan or opportunities to go to other countries including the United States, versus keeping him apart in Uzbekistan during his tender years. You don't know what is better for her or her child.

You can still try to get him a tourist visa. He can then come for 6 months at a time.

If it is granted, which is not assured.

if you a divorced, then there must be a court order granting you the parental rights, otherwise you won't be able to take your son outside the country.

Custody is another issue altogether, but could be of concern. Ordinarily a divorce decree would award custody. The fact right now is that he is in Uzbekistan and the mother has control. If the father wants to go to court whether the kid is, it could become an issue.