Permanent residency young son

M

MariaCamila

New Member
Hi,
First of all I want to give thanks to the participants of this fantastic forum who help us to make easier all these formalities.
We are a married couple with permanent residency via Diversity Visa 2015. We both have a green card since June 2015. We have a 6 years old son who couldn't enter to the USA on time to activate the visa and he lost his green card. He is now out of USA. We want to start with the green card process to bring to USA with us. I know more or less the process with the I-130 and I-485 files, but I have read that the process last more or less a year. I want to know if there is any option to get some kind of visa (F-1 or B-2 or another one) to bring with us in USA while we make all the process to get his green card without spend so much time separated.

Thank you very much for your support

Best regards
 
Hello again,
I am analyzing the different visas that could fix for my son and it seems very difficult. AFAIK B-2 is often rejected in Spanish embassy when they see risk to not come back to your country. I don't know if F-1 is possible for so young person (I read that wasn't allow for public primary schools but for private ones?)
Is feasible to fill I-130 for my son and fill also the I-131 Advance parole for both of us, and once receive the re-entry permit wait all the green card process in Spain all together?
Thanks again.
Regards
 
Yes, you could apply for a Re-entry Permit (not Advance Parole) so you can stay with him for longer periods of time during this 1-2 year wait.
 
Thank you newacct for your response. After a lot of hours in the net I think I have found another way to shorten the process...
The following-to-join benefits :
I think we meet all the requirements and in this way we don't need to fill I-130 and I-485. Am I right?

Best regards
 
MariaCamila said:
Thank you newacct for your response. After a lot of hours in the net I think I have found another way to shorten the process...
The following-to-join benefits :
I think we meet all the requirements and in this way we don't need to fill I-130 and I-485. Am I right?

Best regards
Click to expand...
No. Follow-to-join means to immigrate later as a derivative beneficiary. For DV, the immigrant visas, including for derivative beneficiaries, must be issued before the end of the fiscal year. Since that has passed, it's not possible for him to immigrate as a derivative beneficiary of your DV anymore.
 
You are right newacct :-( , thanks for your response.
I have read that some couples ( between Permanent resident and alien), enter to USA with the ESTA and they get marriaged in USA and then they apply for Adjustment of Status to get the GC for the alien. Can I do the same with my son, I mean, can I bring my son with ESTA and send the I-130 and I-485 while he is in USA? This will shorten the process? Is this legal? In this way can I keep with me my son in USA more than the 90 days?
Thank you very much for your help.
 
MariaCamila said:
You are right newacct :-( , thanks for your response.
I have read that some couples ( between Permanent resident and alien), enter to USA with the ESTA and they get marriaged in USA and then they apply for Adjustment of Status to get the GC for the alien. Can I do the same with my son, I mean, can I bring my son with ESTA and send the I-130 and I-485 while he is in USA? This will shorten the process? Is this legal? In this way can I keep with me my son in USA more than the 90 days?
Thank you very much for your help.
Click to expand...
No. First of all, someone cannot enter on VWP with intent to immigrate during that trip. Furthermore, you are not a US citizen and your child is not in the Immediate Relative category, and cannot do Adjustment of Status having entered on VWP. Also, your child will be in the F2A category which has a wait for visa numbers which is longer than the stay of VWP.
 
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