Visa for Mother of Minor US Citizen

cunamara

New Member
I am a native-born US citizen with a minor child who is also a US citizen by virtue of having been registered as a "US Citizen Born Abroad." His mother and I, although maintaining an amicable relationship, were never married -- nor do we wish to.

Nearly a year ago, I moved back to the US with my son because his educational needs could not be addressed in Honduras (where I had lived for 10 years). In the past year, he has made excellent progress and it has become clear that he should remain in the US to continue his education.

Problem: Although he loves his new life here, he misses his mother very much.

An immigration attorney that I consulted told me that, because his mother is Honduran and is does not meet essential socio-economic criteria (income, assets, etc.), there is virtually no chance that she would be granted any kind of visa to join, or even visit, her son. He said that the only feasible route is for us to marry: obtain a so-clled fiance visa, get married, then apply for an immigration visa.

I am quite willing to provide my son's mother with whatever financial support is needed for her to come to the States and for as long as needed for her to get settled comfortably. However, we do not want to be required to get married as part of the plan.

The bottom line of my own research so far seems to say that my son has only two options: (1)remain in the US without his mother and get a decent education or (2)return to his mother in Honduras where it will be impossible to get an adequate education.

In my view, this is a rather cruel dilemma and any suggestions would be welcome.

Thanks, Tom
 
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cunamara said:
I am a native-born US citizen with a minor child who is also a US citizen by virtue of having been registered as a "US Citizen Born Abroad." His mother and I, although maintaining an amicable relationship, were never married -- nor do we wish to.

Nearly a year ago, I moved back to the US with my son because his educational needs could not be addressed in Honduras (where I had lived for 10 years). In the past year, he has made excellent progress and it has become clear that he should remain in the US to continue his education.

Problem: Although he loves his new life here, he misses his mother very much.

An immigration attorney that I consulted told me that, because his mother is Honduran and is does not meet essential socio-economic criteria (income, assets, etc.), there is virtually no chance that she would be granted any kind of visa to join, or even visit, her son. He said that the only feasible route is for us to marry: obtain a so-clled fiance visa, get married, then apply for an immigration visa.

I am quite willing to provide my son's mother with whatever financial support is needed for her to come to the States and for as long as needed for her to get settled comfortably. However, we do not want to be required to get married as part of the plan.

The bottom line of my own research so far seems to say that my son has only two options: (1)remain in the US without his mother and get a decent education or (2)return to his mother in Honduras where it will be impossible to get an adequate education.

In my view, this is a rather cruel dilemma and any suggestions would be welcome.

Thanks, Tom

Since she is not officially related to you in any way, you cannot file for any immigration benefit for her unless you both get married (which you dont want to do). There are two ways of dealing with this

1. She finds her own means of coming to US so she can stay with her son "legally", but this option has an expiry date as she cannot stay here permanently on a non-immigrant visa.

2. If son is 21, he can petition for his mother's green card.
 
3. Or her son, your son as well, can visit his mother back to Honduras.

The only link here is your son that is a minor.
 
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