Question about illegitimate child

O

owen

New Member
Our family-based petition recently got approved. We're currently waiting for the immigration packet from the National Visa Center. Our petitioner is my husband's parents making my husband the principal petitionee. I have 3 legitimate children from my husband and one illegitimate child from another relationship. My question is, can we include my illegitimate child on our application? Or do I have to wait to get to the US and file a separate petition for my son? I am hoping that we can all file our papers at the same time since my son is only 2. Thank you!
 
So your 2 year old son is not your husband's child?

I really don't know if they allow stepchildren of the primary to immigrate as derivatives.
 
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no, he's not my husband's. if we can't include him, can we bring him as a tourist since we all hold B visas? and then convert his from tourist to immigrant?
 
owen said:
no, he's not my husband's.
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Then he is not eligible for a derivative GC, unless he adopts him and has custody for 2 years outside the US.

if we can't include him, can we bring him as a tourist since we all hold B visas? and then convert his from tourist to immigrant?
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On what basis? The child has clear immigrant intent.
 
No, you would have to be US citizens to convert him from tourist to immigrant like that. But they probably wouldn't let him enter the US with a B visa while knowing that he has USC or green card parents, because of the immigrant intent issue.
 
TheRealCanadian said:
Then he is not eligible for a derivative GC, unless he adopts him and has custody for 2 years outside the US.
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Unless the rule that allows stepchildren of USC's to be classified as children of the petitioner also allows stepchildren of primary beneficiaries to be classified as children of the beneficiary for the purpose of derivative green cards. I doubt it, but so far I haven't seen anything to definitively refute it.
 
Jackolantern said:
Unless the rule that allows stepchildren of USC's to be classified as children of the petitioner also allows stepchildren of primary beneficiaries to be classified as children of the beneficiary for the purpose of derivative green cards. I doubt it, but so far I haven't seen anything to definitively refute it.
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I doubt it's the same too, because stepchildren of US citizens are primary beneficiaries, which is a different kettle of fish than derivatives of FB4.
 
In many states, a child of an adulterous relationship born during a marriage is deemed to be the child of the marriage unless action is taken to establish the biological father as the legal father. If there is a similar is the law in the country of the child's birth, the child would be the legal child of the husband even though he is not the actual biological child.

Consequently, OP, you need to consult with an immigration attorney to determine the child's LEGAL parentage for immigration benefits.
 
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