Child- Tourist Visa?

[JeffM 0]

My wife came to USA in 2003 on fiancee visa. Her child stayed behind with his father - for many reasons. Now, the child (16 yo) wants to come to USA to live with us. My wife wants to bring him over on a visitor/tourist visa then adjust his status while he is in America. Is this possible? I thought I read somewhere on some lawyer's website that it could be done. But I know the the visitor visa is temporary.

She wants to use the tourist visa approach because the I-130 process will take too long and he needs to come soon because problems there; and his Ukrainian passport is for temporary travel only, it does not have the "stamp" saying he will live in America, and they will not give him this stamp because Ukraine will not let a soon-to-be army-aged male leave the country.

Thoughts?

Edited October 31, 2008 by JeffM

[aaron2020 11,651]

My wife came to USA in 2003 on fiancee visa. Her child stayed behind with his father - for many reasons. Now, the child (16 yo) wants to come to USA to live with us. My wife wants to bring him over on a visitor/tourist visa then adjust his status while he is in America. Is this possible? I thought I read somewhere on some lawyer's website that it could be done. But I know the the visitor visa is temporary.

She wants to use the tourist visa approach because the I-130 process will take too long and he needs to come soon because problems there; and his Ukrainian passport is for temporary travel only, it does not have the "stamp" saying he will live in America, and they will not give him this stamp because Ukraine will not let a soon-to-be army-aged male leave the country.

Thoughts?

It's immigration fraud if he comes into the US with a tourist visa and the intent to immigrate. However, there's a strong probability that it would not be held against him as he is a minor.

If the father has legal custody in the Ukraine, there is the possibility of a charge of kidnapping by the father if the son remains in the US. I'm throwing this out there because you didn't specify whether the problem is family related or mandatory conscription or something else. Get the father to agree in writing to let his son immigrate after the son is here.

Good luck.

[Jon&Lindsey 0]

Entering the US with a tourist visa, but with the intent to stay, is indeed visa fraud. I would also be worried about whether they would actually let him into the US, as since he has an LPR mother, they may not believe that he is only coming to visit. Adjustment from visitor status is only legal if the immigrant has NO intention of staying when they enter the US, not because doing it the usual way would take too long.

[JeffM 0]

Entering the US with a tourist visa, but with the intent to stay, is indeed visa fraud. I would also be worried about whether they would actually let him into the US, as since he has an LPR mother, they may not believe that he is only coming to visit. Adjustment from visitor status is only legal if the immigrant has NO intention of staying when they enter the US, not because doing it the usual way would take too long.

Thanks for the replies - I will use these as "ammo" against my wife's idea because I am not in favor of trying to do it this way.

BTW the natural father is all for him coming to the USA.

[aaron2020 11,651]

Entering the US with a tourist visa, but with the intent to stay, is indeed visa fraud. I would also be worried about whether they would actually let him into the US, as since he has an LPR mother, they may not believe that he is only coming to visit. Adjustment from visitor status is only legal if the immigrant has NO intention of staying when they enter the US, not because doing it the usual way would take too long.

Thanks for the replies - I will use these as "ammo" against my wife's idea because I am not in favor of trying to do it this way.

BTW the natural father is all for him coming to the USA.

Tell your wife that there is a legal mean to get your step-son an immigration visa. It will take a year. Why risk his entire future over a year unless his life is in danger? This is a silly gamble. Do it the right way. Why go through the pain and expense (lawyers are very expensive in contesting deportation, visa fraud, etc.) when you don't have to?

[Boiler 45,537]

Speak to an Immigration Lawyer.