SB1 Visa for my 6 year old son

U

Usha pareek

New Member
Hello,
I am a single parent of 6 year old boy. I came to India with my husband in 2011 for settle in India and we divorced each other on bitter grounds in 2014. I had a child with him who is 6 years old now. I was a Green Card holder but had to stay in India for personel reasons. I was granted for SB1 recently and now I am waiting for GC in USA. Can I apply for my son's SB1? Please explain the process ? if not possible what is the other venue?
 
Going by the dates listed in your post, your son was never had a GC, considering you had your son after you returned to India in 2011, right? So you can’t file a SB1 for someone who was never a GC holder to start with. You’ll have to sponsor your son to come over in this case.

Go through the following Family of Green Card Holder link for guidance on how to sponsor your son.
 
Thanks for the quick reply. My son is not a Green Card holder. Can I get him on non immigrant Visa with me to States and then apply for Green card. What type of non-immigrant Visa I can apply for him?
 
No, he cannot come on a non-immigrant visa. Entering on a non-immigrant visa with intent to apply for a green card is fraud.

He has to be sponsored for an immigrant visa and gets a green card once he enters the US. Did you open the link shared by Sm1smom? It offers a clear guide; you have to petition your son for an Immigrant visa (second preference 2A.. children of LPRs under 21).
 
Usha pareek said:
Thanks for the quick reply. My son is not a Green Card holder. Can I get him on non immigrant Visa with me to States and then apply for Green card. What type of non-immigrant Visa I can apply for him?
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You need to petition him for an immigrant visa. As far as I know you won’t be able to do that until you are back in the US and have a valid green card again. You can’t bring him on a non immigrant visa because (1) doing that with intent to stay is immigration fraud and (2) you will make him overstay his tourist visa in the process which will mean he can’t get a green card anyway. And the embassy won’t grant him a non immigrant visa anyway because it will be totally obvious what you are trying to do.
Just to ask/confirm a maybe obvious question, but the father was not a US citizen?
 
No, you cannot bring your son in on a NIV with the mind of him living with you in the US while you process his GC. He has to stay back in India until he gets an immigrant visa that allows him to come into the country to enable him get his GC. There’s no short cut through the process. Go through the link I previously provided you with.
 
SusieQQQ said:
You need to petition him for an immigrant visa. As far as I know you won’t be able to do that until you are back in the US and have a valid green card again. You can’t bring him on a non immigrant visa because (1) doing that with intent to stay is immigration fraud and (2) you will make him overstay his tourist visa in the process which will mean he can’t get a green card anyway. And the embassy won’t grant him a non immigrant visa anyway because it will be totally obvious what you are trying to do.
Just to ask/confirm a maybe obvious question, but the father was not a US citizen?
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The way the initial post is worded, OP recently obtained the SB1, entered the US, and is awaiting the physical green card.
 
1AurCitizen said:
The way the initial post is worded, OP recently obtained the SB1, entered the US, and is awaiting the physical green card.
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Well she can file now then, she doesn’t need the physical GC to do so, but will still have to wait for the petition to be processed and (in a return to normal for F2A) priority date to be current. I do wonder, depending on exact circumstances of the child, if there is some kind of humanitarian expedite they might be able to do? But she needs to act quickly while F2A is still current in that case. Maybe talking to a good immigration lawyer might help?
 
Wonder if she discussed her son during the SB1 process and the Mumbai US consulate's advice on the issue. It had to have come up.

Waiting to hear from the OP about the child's father's status and whether OP has full legal and physical custody of the son.
 
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