Sponsoring Son who is below 18

Avalon

Registered Users (C)
I came to US on H1-B and had Green Card. Along with me, my son too got GC. I got divorced while on GC. My ex-wife took my son to India. As the son is minor, he is with his Mom. Son has been with her for many years.

Recently, I got US Citizenship. My son is still below 18 and is in India. I would like to get him US Citizenship. How can I do that?
 
I came to US on H1-B and had Green Card. Along with me, my son too got GC. I got divorced while on GC. My ex-wife took my son to India. As the son is minor, he is with his Mom. Son has been with her for many years.

Recently, I got US Citizenship. My son is still below 18 and is in India. I would like to get him US Citizenship. How can I do that?

You would need to take several steps. Obtain legal custody. Apply for him to return to the U.S. to reside with you. This is probably going to require a new I-130 by you for him. It would be a VERY remote chance for an SB-1 visa for him which would be as complicated as (or more complicated than) a new I-130.

He needs to come live with you as an LPR before he ages out.
 
Catch22

This is a Catch 22 situation. My son is with his Mom who will not allow him to leave India and come to USA. Until he is 18, he is required to have Mom's consent but after 18, his Mom cannot have any control over his wish and he does not need any one's permission to come to USA. However, after 18, he loses the chance to be automatically becoming a US Citizen.

So, what are the steps necessary to sponsor a child who is unmarried but above 18? For someone from India, how long would it take?
 
This is a Catch 22 situation. My son is with his Mom who will not allow him to leave India and come to USA. Until he is 18, he is required to have Mom's consent but after 18, his Mom cannot have any control over his wish and he does not need any one's permission to come to USA. However, after 18, he loses the chance to be automatically becoming a US Citizen.

Too bad -- for him to automatically derive citizenship through you would need to obtain legal custody from the Indian government, in addition to him physically living with you in the US as an LPR.

But if his mother truly cares about him and his wishes and goals, maybe she can be convinced to assign custody to you when he's 17, so he can move to the US before 18 and immediately obtain US citizenship. She doesn't gain much by refusing such a request -- her refusal only means he'll leave India at 18 instead of 17. But your son loses a lot if she refuses; he'll have to wait 5 years for citizenship (possibly more), miss out on the rights and benefits of US citizenship while he waits, and then deal with the hassles and costs of the citizenship process. You'll have to try to persuade her based on the benefits to her son.

So, what are the steps necessary to sponsor a child who is unmarried but above 18? For someone from India, how long would it take?

If he's under 21, he'd still qualify as an "immediate relative" and the immigration process would be the same* as if he were under 18 ... you file I-130, wait for approval, case gets forwarded to consulate in India, you and he submit some paperwork, he does fingerprinting, medical, interview, gets the immigrant visa and arrives in the US. Total time frame 6-12 months.


*except of course for the custody/permission aspect of him leaving India, which would be unnecessary once he's 18.
 
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If your son comes back as an LPR (having missed out on derivative citizenship) he (or YOU) will have much higher expenses for his higher education because some financial aid and scholarships are restricted to citizens only. Just ask your ex-wife to split the costs (nowadays, her share should only be around $75,000 before grad school). Mother knows best?
 
How long son needs to be LPR?

Let us assume (to avoid complications in scenario) that ex-wife agrees. My son has been out of US for many years. So, is his Green Card expired?

If he comes to stay with me before 18, how long does he needs to stay with me as LPR before he is eligible for derivative citizenship?
 
If your son comes back as an LPR (having missed out on derivative citizenship) he (or YOU) will have much higher expenses for his higher education because some financial aid and scholarships are restricted to citizens only. Just ask your ex-wife to split the costs (nowadays, her share should only be around $75,000 before grad school). Mother knows best?

And even for scholarships that are available to LPRs, some are easier to get if he graduates from a US high school.
 
Let us assume (to avoid complications in scenario) that ex-wife agrees. My son has been out of US for many years. So, is his Green Card expired?
Regardless of the expiration date, his green card is not valid anymore because he's been gone for many years without an acceptable exception (e.g. reentry permits, parent in the US military, etc). However, there is a small chance of restoring his LPR status by having him apply for a Returning Resident Visa (SB-1) at the US consulate in India. Chances of approval are low because he's been away for so many years, but it's not impossible. The entire SB-1 process is normally less than 2 months, so you might want to give it a try if you can afford to lose the money and if your ex-wife is willing to transfer custody to you soon enough (if the SB-1 visa is approved he'll have to use it to enter the US by a particular date).

If he comes to stay with me before 18, how long does he needs to stay with me as LPR before he is eligible for derivative citizenship?

Theoretically one day, but in practice it means long enough to accumulate evidence that he's living with you in the US, which would mean more like 2-3 months. However, if you provide 2-3 months worth of evidence (e.g. school and medical records with his name and your address) when applying for his N-600 (citizenship certificate), they will normally backdate his citizenship to start at the starting date of your evidence (or possibly even the date of entry to the US, if the start date of your evidence is close enough to his LPR admission date).

So if he moved to the US as an LPR at 2 months before his 18th birthday, then immediately moved in with you and enrolled in a local school and then applied for the N-600 at 18 years 1 month old with 3 months of accumulated evidence of living with you, his citizenship certificate would show that he became a USC 2 months before his 18th birthday.

Of course, that doesn't mean it's a good idea to delay his entry until he's 17 years and 11 months old. If you cut it too close, some unexpected circumstance could delay his entry to the US or cause problems with establishing evidence of him living with you before he's 18.
 
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Let us assume (to avoid complications in scenario) that ex-wife agrees. My son has been out of US for many years. So, is his Green Card expired?

If he comes to stay with me before 18, how long does he needs to stay with me as LPR before he is eligible for derivative citizenship?

Under the law he comes to "reside" with you, a mere vacation won't cut it. As Jackolantern said, they would back date to date of his new or renewed LPR admission in that case.
 
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