Hello, I would like to know what options my friend has regarding her son's immigration status. The child (aged 11) is in immigration proceedings in the United States, and is planning to leave soon with a relative. The mother has her US Permanent Residence, and is planning to file for her son as soon as he leaves. Will the mother be able to successfully file for her son after he has left, and how long does it usually take? Thanks a lot.
Interesting Question
- Thread starter Phil088
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TheRealCanadian
Volunteer Moderator
ICE has commenced deportation proceedings? Is Voluntary Departure being offered?
No the proceedings have not commenced yet. It will start in October, but the son will leave as soon as sometime next week (which I guess would be the voluntary departure). But as it stands, he will not attend the proceedings, and instead the lawyer will represent him on the day of the appointment.
TheRealCanadian
Volunteer Moderator
What has the attorney said?
Concerned4us
Banned
I cannot believe a mother would ship her 11 year old child elsewhere and remain in the US without him. Unbelievable!!!
TheRealCanadian
Volunteer Moderator
If that's the way they can be together permanently, why not? Short term pain for long term gain.
Hi, well the thing is I really don't know much about the situation, thus I don't know what the attorney has told them or not.. But she just needed me to inquire if it would be possible to bring the child back into the US after he leaves with her PR.
I believe the child has a Canadian PR, but is not legal in the US (Overstayed Visa) and thus, needs to validate his Canadian Visa. How will it work for the mother to bring the child back into the US with her PR after he's resided for a while in Canada? Thanks
TheRealCanadian
Volunteer Moderator
If proceedings have started, it is important that the implications of the child's departure from the US be known PRIOR to this occurring. She has retained counsel - she should discuss this with the attorney. If she does not feel comfortable with what the attorney is saying, she needs to find a new one PRONTO.
His legal status in the US has no bearing on his Canadian immigration or visa.
How will it work for the mother to bring the child back into the US with her PR after he's resided for a while in Canada? Thanks
She needs to file an I-130 for him, and wait several years for a visa number to become available. When did she become an LPR?
She became a LPR around 8 months ago, and is planning to obtain her citizenship (i think it's three years or so after LPR that you can file for citizenship). I also heard that once she becomes a citizen, a visa # will become immediately available for the child she wants to sponsor. Is this correct?