Trying to get my minor son 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 have his interview in the states and 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 eligible to "follow".

The biggest issue is this. I am currently working with his mother 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 illegally. 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]

Oh! I see you found us. I just responded in your other thread.

[raphael7546 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 have his interview in the states and 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 eligible to "follow".

The biggest issue is this. I am currently working with his mother 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 illegally. 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

Goodluck on that!

I had a similar problem. My daughter who was 9 at the time was given verbal permission to move to the states with me. I had her listed on my K-1 but just before my interview, my ex decided he wouldn't sign the letter allowing her to leave the country. (You have to have a notarized letter from the biological parent allowing them to leave the country.)

So, she had to move in with my ex. I did manage to get a court order that states that once she turned 12 she could decide whom she wanted to live with. So, she decided she wanted to live here and my husband (US citizen) applied for her as her step parent. (I am a 10 yr green card holder). She lives in Vancouver BC and the interview will be in Montreal.

Of course my ex won't take her across Canada to Montreal for the interview, so I will have to fly to Vancouver, pick her up, fly to Montreal for one day interview and then fly back to Vancouver to drop her off. She wants to finish the grade she just started in Canada and move here next summer.

I have issues with why a 13 yr old needs to have an interview in the first place and why they can't do the interview in Vancouver where she lives. This is a huge hardship financially on us as I have to take time off from work without pay. Pay for a flight to Vancouver, pay for 2 flights to and from Vancouver to Montreal, cab fare from Montreal airport , cab fare to interview, lodging fees, food, etc. then p[ay to fly back from Vancouver. I think its ridiculous!

If you get anywhere with the humanitarian thing let us know!

[LeprechaunSean 0]

Sorry don't have any advice for you, but I'm USC with a 1 year old boy(almost 2), and he has to get a full medical and go to the interview in montreal, and I have to file all the same paperwork as for my wife, so double the paperwork, double the fees, double the flights.........yes the process is absolutely freakin ridiculous. and expensive.

just thought you might feel better knowing there's others in the same boat. I did.

[trailmix 77]

Sorry don't have any advice for you, but I'm USC with a 1 year old boy(almost 2), and he has to get a full medical and go to the interview in montreal, and I have to file all the same paperwork as for my wife, so double the paperwork, double the fees, double the flights.........yes the process is absolutely freakin ridiculous. and expensive.

just thought you might feel better knowing there's others in the same boat. I did.

I'm confused. Did your Son not automatically acquire U.S. citizenship from you for some reason - ie: he will automatically become a U.S. citizen when he enters the U.S. as an immigrant?

[LeprechaunSean 0]

Sorry don't have any advice for you, but I'm USC with a 1 year old boy(almost 2), and he has to get a full medical and go to the interview in montreal, and I have to file all the same paperwork as for my wife, so double the paperwork, double the fees, double the flights.........yes the process is absolutely freakin ridiculous. and expensive.

just thought you might feel better knowing there's others in the same boat. I did.

I'm confused. Did your Son not automatically acquire U.S. citizenship from you for some reason - ie: he will automatically become a U.S. citizen when he enters the U.S. as an immigrant?

I haven't lived in the us long enough for him to automatically qualify as a US citizen. I spent the majority of my life in canada. As for when he enters the US as an immigrant, I don't really know. They told me that since I didn't have enough time living in the US, he would have to go through the same process as my wife.

[trailmix 77]

Sorry don't have any advice for you, but I'm USC with a 1 year old boy(almost 2), and he has to get a full medical and go to the interview in montreal, and I have to file all the same paperwork as for my wife, so double the paperwork, double the fees, double the flights.........yes the process is absolutely freakin ridiculous. and expensive.

just thought you might feel better knowing there's others in the same boat. I did.

I'm confused. Did your Son not automatically acquire U.S. citizenship from you for some reason - ie: he will automatically become a U.S. citizen when he enters the U.S. as an immigrant?

I haven't lived in the us long enough for him to automatically qualify as a US citizen. I spent the majority of my life in canada. As for when he enters the US as an immigrant, I don't really know. They told me that since I didn't have enough time living in the US, he would have to go through the same process as my wife.

That's true - to a point. Under the child citizenship act, once he enters as an immigrant he will automatically become a citizen - so he will not be a 'permanent resident' - so hopefully that's good news for you to cheer you up a bit

[trailmix 77]

Overview

The Child Citizenship Act of 2000 allows certain foreign-born, biological and adopted children of American citizens to acquire American citizenship automatically. These children did not acquire American citizenship at birth, but they are granted citizenship when they enter the United States as lawful permanent residents (LPRs).

What Are the Requirements of the Child Citizenship Act of 2000?

The child must meet the following requirements:

Have at least one American citizen parent by birth or naturalization;

Be under 18 years of age;

Live in the legal and physical custody of the American citizen parent; and

Be admitted as an immigrant for lawful permanent residence.

link

I assume you acquired your U.S. citizenship at birth?

Edited September 28, 2009 by trailmix