Jump to content

21 posts in this topic

Recommended Posts

Filed: Country: Vietnam (no flag)
Timeline
Posted

Right. In this circumstances can the child come to the USA on any other visa (student for example) to live together with the DV winner and finishing the process inside the country? The DV winner is a guardian for the child and the law of country of origin allows the child in foster care to travel outside the country.

P.S. Who is LPR?

LPR = legal permanent resident

A student visa would never be granted for several reasons;

1. An F-1 student is required to provide proof that he/she will return home after completing the course of study. You can't prove this siincw you intend to use the F-1 as a way to immigrate to the US and wait for LPR status.

2. You can not send the child to public school without paying tuition even if a student visa is grantes and you can overcome the presumption to immigrate. Got $20,000 per year?

To be blunt, you don't know basic terms like LPR and you think you can navigate one of the most complex situation in mmigration by interpreting the law on your own. You need to understand your limits and listen to the opinions of people who have played the immigration game for decades. None of us who have played this game for decades would attempt what you are doing without a good international adoption lawyer.

I am not trying to be mean. You need to get professional help with this. This is not a do-it-yourself situation.

Filed: Country: Vietnam (no flag)
Timeline
Posted

Since the Green Card will be received in October-November 2015 it will be needed only 1 year since than to reach the required 2 years of living together for the adoptive parent and the child. So the DV winner will be living outside the USA for 1 year (until October 2016) plus few months to receive a visa for the child. This should not jeopardize the Green Card, should it?

Claiming that you live outside the US completely jeopardize your LPR status.

Suggest you read up on maintaining your LPR status before you claim residing outside the US for any purpose.

Filed: K-1 Visa Country: Wales
Timeline
Posted (edited)

Your assumptions are wrong, maintaining permanent residency can be a complicated subject especially in the situation you describe.

If you are considering a student visa then you can certainly cover the cost of competent legal advise.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...