Will my baby be able to come with me?

[curoius84 0]

CSPA re-evaluated my case and i have been changed from F1 to IR2 (because my mother filed the I 130 petition before i turned 21) the case is now CURRENT and i am 24 years old, the problem now is i have a small child (4 months old) and i dont know if they will allow me to take him with me since they have changed my case to IR2. I know with family first (F1) you can take your immediate relatives with you on your initial trip but i dont know about IR2 ( immediate relative under 21).

any advice will be greatly appreciated

worried!

[aaron2020 11,651]

There are no derivative beneficiaries allowed in IR cases. You cannot take your baby along.

You should ask to be reclassified as an F1 case so your baby can come with you.

[curoius84 0]

There are no derivative beneficiaries allowed in IR cases. You cannot take your baby along.

You should ask to be reclassified as an F1 case so your baby can come with you.

Do you think if they reclassify my case it will halt the process?

[aaron2020 11,651]

What is your priority date? Are you married?

F1, US citizen petitioning for unmarried child 21, is currently processing visas for those with PD before July 8, 2002.

Your case will not stop but you will have to wait for your PD to become current.

[curoius84 0]

What is your priority date? Are you married?

F1, US citizen petitioning for unmarried child 21, is currently processing visas for those with PD before July 8, 2002.

Your case will not stop but you will have to wait for your PD to become current.

my PD is april 03, i'm unmarried.

the case is current now( i guess because they changed me from f1 to ir2) got my choice of agent letter and sent it off a week ago ......

[aaron2020 11,651]

Get your mom to talk to an immigration lawyer immediately and see if the case can be reclassified as a F1. You would only have to wait about another year before both you and your baby can immigrate to the US.

Good luck.

If your mom does not have a lawyer, tell her to get one right away.

[curoius84 0]

Get your mom to talk to an immigration lawyer immediately and see if the case can be reclassified as a F1. You would only have to wait about another year before both you and your baby can immigrate to the US.

Good luck.

If your mom does not have a lawyer, tell her to get one right away.

what do u think about getting him( my baby) a non-immigrant visa so that he can come with me initially and we both can go to and fro until i get his papers sorted out?

[aaron2020 11,651]

That is not going to happen. Once your child is here in the US, what is your incentive to take him back home after his visitor visa expires? Most people if allowed to do what you are thinking would never leave to go back. There is the cost and how would you maintain a job in the US?

If you get an immigration visa, your child will be denied on an application for a visitor visa.

There is no other way that I can think of that would allowed you to immigrate with your child except the F1.

You have a legal way to get you and your child immigration visas. Waiting another year is not a big deal since you have been waiting for 6 years. You know what you have to do if you want the immigration benefits. Don't risk it by doing something that is suspect.

[curoius84 0]

That is not going to happen. Once your child is here in the US, what is your incentive to take him back home after his visitor visa expires? Most people if allowed to do what you are thinking would never leave to go back. There is the cost and how would you maintain a job in the US?

If you get an immigration visa, your child will be denied on an application for a visitor visa.

There is no other way that I can think of that would allowed you to immigrate with your child except the F1.

You have a legal way to get you and your child immigration visas. Waiting another year is not a big deal since you have been waiting for 6 years. You know what you have to do if you want the immigration benefits. Don't risk it by doing something that is suspect.

I understand what you are saying but i'm not thinking of violating the terms of a visitors visa "IF" he was to get one, as a matter of fact i'm willing to let him spend ONLY the time alloted to him in the U.S. but you do make a very good point though, i have been waiting so long so waiting another year wouldn't be so bad.

when i got the letter about the status change i had called the NVC and told them my situation( my baby) and the operator i was talking to spoke with her supervisor and said that i was to mail to them a copy of his birth certificate with a letter stating my argument. but i'm kind of scared, i really dont know. I guess i'll have to speak with a lawyer. do you think its best i get a lawyer from my home country or the U.S to deal with this problem?

[aaron2020 11,651]

I was not saying that you would violate US laws, but can you see how the immigration officer may view the scenario you described in the worst possible light.

The best way to go is to have your Mom talk to a US lawyer. You can start with the website www.aila.org which is the American Immigration Lawyers Association.

I understand that you are scare, but if you do nothing your case will proceed as an IR case. You must take action so your child can immigrate with you. Please don't wait until it is too late.

Your case might be solved by simply having your Mom write a letter requesting that your case be processed as a F1 and that she would like to include your child as a derivative beneficiary. She should include a copy of your child's birth certificate that is notarized by the Jamaican authorities and an English translation if necessary.

Good luck to you. Best wishes that everything ends well.

Edited February 5, 2009 by aaron2020