Paths to permanent resident status for an alien mother of two US citizens (minors)

[sousenkothen 0]

I am reaching out to online community on behalf of my old friend, as I am not able to find any relevant guidance online to answer her question. She is a non-USC parent living overseas with two children, ages 8 and 10, both born out-of-wedlock in a relationship with a US citizen. Their father is married and has no intention of going forward with the marriage dissolution. He did acknowledge paternity in both cases, and a blood relationship was established by DNA testing as well. There is a clear evidence of bona-fide parent-child relationship, as he talks with them weekly, supports them financially with a monthly allowance, and both children have the US passports. What I was not able to find is what are the actual the rights of the alien mother in this circumstance from the standpoint of the U.S. laws? Is there any basis for green card eligibility under the U.S. immigration laws? There seem to be no provisions for that in Title 8 of the CFR. She clearly may not qualify for immediate relative or family-sponsored petitions, unless I'm missing something. It is my understanding that she may enter the US on IR-5 visa, if petitioned by any one of her children, once they reach the age of  21. Please let me know if you are aware of any other paths to permanent resident status in this circumstances.

Thanks in advance!

[payxibka 10,047]

14 minutes ago, sousenkothen said:

I am reaching out to online community on behalf of my old friend, as I am not able to find any relevant guidance online to answer her question. She is a non-USC parent living overseas with two children, ages 8 and 10, both born out-of-wedlock in a relationship with a US citizen. Their father is married and has no intention of going forward with the marriage dissolution. He did acknowledge paternity in both cases, and a blood relationship was established by DNA testing as well. There is a clear evidence of bona-fide parent-child relationship, as he talks with them weekly, supports them financially with a monthly allowance, and both children have the US passports. What I was not able to find is what are the actual the rights of the alien mother in this circumstance from the standpoint of the U.S. laws? Is there any basis for green card eligibility under the U.S. immigration laws? There seem to be no provisions for that in Title 8 of the CFR. She clearly may not qualify for immediate relative or family-sponsored petitions, unless I'm missing something. It is my understanding that she may enter the US on IR-5 visa, if petitioned by any one of her children, once they reach the age of  21. Please let me know if you are aware of any other paths to permanent resident status in this circumstances.

Thanks in advance!

 

No rights.  No eligibility until the kids reach the petionable age.

[Shacur 1]

Once the child is 21 they can file for you. Most likely you will need a co- sponsor also. My son file for me at 21 but he was in college, so I got a co-sponsor which was my son's father. We are on good terms.

[JFH 12,191]

When one of the child turns 21 they can petition the mother. The child would have to be living it planning to move to the US for the visa to be approved. If the children have no desire to petition their mother for whatever reason, there is nothing that can be done. 

[Crazy Cat 42,158]

38 minutes ago, sousenkothen said:

It is my understanding that she may enter the US on IR-5 visa, if petitioned by any one of her children, once they reach the age of  21.

At age 21, a US citizen may petition a parent....provided the child has domicile or intent to establish domicile in the US....and sufficient income/assets to sponsor.

[Boiler 45,981]

Have the filed CRBA, do they have US Passports?

[Crazy Cat 42,158]

1 minute ago, Boiler said:

Have the filed CRBA, do they have US Passports?

Both have US passports.