Bringing Minor Step Child from Canada to US

[CdnMN 0]

I've been around in circles with USCIS, my Senators office, and the VISA office. Hopefully someone here might help me out.

I'm a permanent resident and my wife is a US citizen (by birth). My 12 year old son from a previous marriage wants to live with us now. My wife will sponsor him as her Step child (No wait for Visa). I am in the process of sending in my N400 for citizenship.

My question is this. Is there any way to get him into the US while awaiting approval of the I130. Also, residents in Ontario are supposed to go for their immigration interview in Montreal, Quebec, once the I130 is approved. Is there any way that my son could simply apply for Adjustment of Status instead of having to make the trip to Montreal? Is Humanitarian Parole an option. He needs to be able to attend school (gr 7 ) when he gets here.

I have been an LPR since 2001. I started my process before the introduction of the K visa program so I have been told he is not elegible to "follow".

Thanks

[payxibka 10,047]

I've been around in circles with USCIS, my Senators office, and the VISA office. Hopefully someone here might help me out.

I'm a permanent resident and my wife is a US citizen (by birth). My 12 year old son from a previous marriage wants to live with us now. My wife will sponsor him as her Step child (No wait for Visa). I am in the process of sending in my N400 for citizenship.

My question is this. Is there any way to get him into the US while awaiting approval of the I130. Also, residents in Ontario are supposed to go for their immigration interview in Montreal, Quebec, once the I130 is approved. Is there any way that my son could simply apply for Adjustment of Status instead of having to make the trip to Montreal? Is Humanitarian Parole an option. He needs to be able to attend school (gr 7 ) when he gets here.

I have been an LPR since 2001. I started my process before the introduction of the K visa program so I have been told he is not elegible to "follow".

Thanks

unfortuneatly the child must be present in the USA in order to adjust status... since he is in Canada, the visa interview would occur in Montreal.

[NickD 203]

Gee not even sure about Canada anymore, could come and stay as long as you wanted. Assume he needs a passport now, not even sure about the I-94 with Canada, but can be extended if need be. Normally 90 days is enough to fire off all the paper work, and when you get the NOA, you no longer have to be concerned about the I-94 if you even need one.

Line 14 of the I-130 is for that, have to send in a copy of his passport and I-94 for proof with the application. Since you have been married for over two years, he should get his ten year card, do have your wife petition for him, and would hold off on your N-400 until he gets his card and both of you can get your USC the same time for just an extra 80 bucks for him. Good luck, get your son over here.

[Babs0324 0]

I think it may depend on how he enters the United States. If he has to obtain a B-2 visa, I do not think he will be able to adjust status, as one of the requisites for obtaining a visitor visa is to overcome the presumption that you do not intend to immigrate. Because he does intend to immigrate, I do not think he would be able to adjust status if he entered on a B-2 visa.

However, I do not know if a visa would be needed...maybe you can check with the regional boards. I am sure that someone with more experience re: immigration from Canada would be able to help figure this out.

Good luck.

[aaron2020 11,651]

Gee not even sure about Canada anymore, could come and stay as long as you wanted. Assume he needs a passport now, not even sure about the I-94 with Canada, but can be extended if need be. Normally 90 days is enough to fire off all the paper work, and when you get the NOA, you no longer have to be concerned about the I-94 if you even need one.

Line 14 of the I-130 is for that, have to send in a copy of his passport and I-94 for proof with the application. Since you have been married for over two years, he should get his ten year card, do have your wife petition for him, and would hold off on your N-400 until he gets his card and both of you can get your USC the same time for just an extra 80 bucks for him. Good luck, get your son over here.

In order for his son to gain US citizenship, the son must enter the US on an immigration visa and be living in the custody of the naturalized USC. His son cannot enter the US on a tourist visa and adjust and get citizenship. It is illegal to enter the US with the intent to immigrate or adjust.

To answer's the OP's questions.

Filing an I-130 does not grant your son any immigration right. He cannot wait in the US for approval of his I-130. Your son cannot simply adjust his status in the US. It is illegal to enter the US without an immigration visa and attempt to adjust. Humanitarian parole is probably not available if he is currently living with his mom in Canada. Humanitarian parole would be for a situation where his mom died and there was no one to care for him and you needed to bring him to the US immediately.

[NickD 203]

I would leave that up to a good immigration attorney as the law is nebulous on this point. We don't know the circumstance of this child and the DOS is not that cruel to sacrifice the welfare of that child, a good immigration attorney can demand a hearing and push things like this through. And we are talking about a minor child.

From http://toronto.usconsulate.gov/content/con...igrant_petition

"U.S. Immigration of Relatives of U.S. Citizens Residing in Ontario, Canada.

Immigration to the U.S. requires two sequential steps. First, an immigrant petition (I-130) is filed by the U.S. citizen petitioner on behalf of the foreign beneficiary (parent, spouse, child or sibling). I-130s are a responsibility of the Department of Homeland Security (DHS), Citizenship and Immigration Services (CIS). As long as the relationship between the petitioner and beneficiary is intact, an approved I-130 is valid until the beneficiary applies for the second step, an immigrant visa (IV), which is a Department of State responsibility, in Canada centralized in Montreal. Total I-130 and IV processing time may be 12 months for beneficiary parents, spouse or minor children of U.S. citizens in Canada, who correctly follow all required instructions on a timely basis, longer for others. Before filing any I-130 please see www.uscis.gov/portal/site/uscis and follow links to services for permanent residents. Please follow the explanation below on where and how to file an I-130.

Please download all immigration (I- and G-) forms, and learn current filing fees, from http://www.uscis.gov/. Petitioners who reside outside of Ontario, Canada or petitioners whose beneficiary is not a parent, minor child or spouse must file an I-130 by mail directly to CIS: http://www.uscis.gov/. U.S. Consulate Toronto has no role in such I-130s. Petitioners who are American citizens, reside in Ontario and whose beneficiary is a parent, spouse or minor child, may file an I-130 by mail to: U.S. Consulate Toronto, CONS/IIV, 360 University Ave, Toronto ON, M5G 1S4. Upon receipt of the following documents we log in, review and email an appointment to the petitioner and beneficiary to both later appear with all the original supporting documents. Walk-in service is unavailable.

• Completed, signed I-130.
• Petitioner's and beneficiary's email addresses.
• I-130 fee in a USD money order payable to U.S. Consulate Toronto.
• Statement signed and dated by petitioner, "I possess, and will present on demand, originals of each civil document contained herein"
• Completed biographic data (G-325A) for petitioner & each beneficiary, with passport type photo attached to bottom.
• Copies of multiple evidence of the petitioner's & beneficiary's lawful residence in Ontario, Canada, e.g. immigration documents, provincial health card or driving license, lease, utility or banking statements over time. The petitioner must also show a long term visa or other permission from Canadian immigration authorities to reside in Ontario, Canada and have done so for at least 6 months before filing the I-130.
• Civil documents that are issued under the original seal, stamp or signature of the government office of record. Notarized copies, religious documents and hospital records are unacceptable. A copy now and original to be presented later:
  • Petitioner's proof of U.S. citizenship, e.g. birth (www.cdc.gov/nchs/howto/w2w/w2welcom.htm) or naturalization certificate, or passport.
  • Proof of beneficiary's birth (long version showing parents' information) and of all children of the beneficiary, even if not petitioned.
  • Proof of legal relationship between petitioner and beneficiary, e.g. birth, marriage, divorce, death, adoption and legal name change. For I-130s on behalf of a spouse, official proof of the current marriage AND the termination of both party's prior marriages.
• Complete English translation of any non English document. Anyone competent in both languages may translate, sign and date an attached statement, "I am competent in English and XXX, and this is a correct and true translation," notarization is unnecessary.
• Prepaid, self addressed Canada Post Express mailer.

Beneficiaries of approved I-130s will receive IV instructions from: Department of State, National Visa Center (NVC), 32 Rochester Av, Portsmouth NH 03801-2909, http://travel.state.gov/visa/immigrants/ty...types_1309.html. After the beneficiary completes all required IV steps with NVC, NVC will send the beneficary's approved I-130 and IV file to Montreal, which will further correspond with the beneficiary, and eventually offer an IV appointment.

Entry to the U.S. while immigrant case is pending. All visitors to the U.S., including Canadians, are presumed by law to be intending immigrants and therefore inadmissible as visitors. The burden of proof to show eligibility falls solely on the visitor. If a potential visitor has a pending immigrant case (I-130 or IV), but no clear ties to a continuing life overseas and no evidence of only a temporary visit to the U.S., it is likely that such a visitor will be inadmissible. DHS immigration officers have sole authority to determine entry."

[NickD 203]

What I really see messy about this is if the child is staying with his mother, she would have to go to court and give the father full custody of the child, but can maintain some visiting rights. USCIS won't accept the mom says it's okay verbally, need a court order.

[CdnMN 0]

Thanks for all the replies. Maybe a bit more background and info should have been given.

The biggest issue is this. I am currently working with his mohter in order to have my son move. I am hoping that I will soon have the court papers drawn up. This is where the problem comes in.

He is already having a difficult time with his mom. She isn't exactly happy about his decision. Once issues between his mom and I are resolved completely, and the court papers are issued, I want him to be able to move here...for his own good. It is already a tense situation for him. His mom certainly won't agree to take him to Montreal. Toronto Consul has already informed me they cannot do his interview. Surely, somewhere in the immigration system, there must be some flex for situations such as this. I'm not trying to have him gain entry illlegally. Is there no way for him to be able to have his interview in the city where I live?

It seems so senseless that he can't be given a K visa as a follow on. Surely someone in immigration must realize that children may want to live with another parent at some point. When I first came here, he was too young to make that decision and I didn't want a custody battle at the time.

This is why I considered humanitarian parole. Maybe that isn't an option, but I was hoping someone here might have had experience with this same issue.

Thanks

[Krikit 1,165]

Try to disregard a lot of the information from non-Canadian citizens. The process is quite different from any other country when it comes to certain areas.

What visa did you come to the US on? Was your son listed on any of the applications? Are you and his mother in agreement that he will move to the US? There are a couple of Canadians who had to wait until their children turned a certain age (I believe the magic number is 12) before they could bring them to the US. I'll see if I can find them and point them to your thread.

[Krikit 1,165]

Here's a thread to get you started: Bringing my 12 Yr old daughter to USA

Don't forget to visit the Canada Forum. You'll find lots of good information and good people there.

Welcome to VJ.

[NickD 203]

When it comes to bringing a kid here, I prefer to find a top immigration attorney for advice, what the heck, I may deal with the USCIS, DOS, once or at most twice in a lifetime. A good attorney deals with this day in and out and knows his/her away around. Us big kids have learned patience, but a child goes through trauma with these delays and certainly not worth to save a couple of bucks and put a kid through this. Unlike other civil or legal matters where you are stuck with some attorney jerk licensed in your state, you have the entire USA to find a good attorney for immigration.

You screw around with how to bring the kid here, forget to dot an "i" in your application that may not even be the right one and cause even more delays. A good attorney knows how to avoid this stuff and doesn't let files get misplaced.

So what if it costs a couple of extra bucks, doing this for the kid and their welfare. Kids are about the most expensive things you can have, cloths, food, medical entertainment, want a car, education, but are the only real things you are leaving behind.