Son coming to U.S before 18th birthday

[Rey_o 3]

Pleaseee urgent, someone answer me as soon as possible. A family member of mine petitioned for his son an I-130 and he’s under 18. His dad is in the country with his family. If he does his interview and gets his visa and comes to USA before his 18th , does his dad have to be there to claim his citizenship? We’ve read that they send it in the mail so he just wants to know if he needs to be in america with his son cause he’s on vacation and wants to send his son with a friend. 

[milimelo 4,477]

Yes, father needs to be in the US. That's the rule for any USC petitions - spousal, child. Otherwise there's no need to issue immigrant visa which is for family unification - if father is outside of the US there's no need for a visa as they're together already. 

[Rey_o 3]

2 minutes ago, milimelo said:

Yes, father needs to be in the US. That's the rule for any USC petitions - spousal, child. Otherwise there's no need to issue immigrant visa which is for family unification - if father is outside of the US there's no need for a visa as they're together already. 

He’s there for vacation and also to be there with his family for the interview, once he finishes the interview and his son gets his visa he wants to send his son with friend to US cause he wants to stay longer in the country. But yes I’ve read that the child citizenship act states that he has to have physical and legal custody meaning to be physically with him. 

[Dashinka 24,493]

2 minutes ago, Rey_o said:

He’s there for vacation and also to be there with his family for the interview, once he finishes the interview and his son gets his visa he wants to send his son with friend to US cause he wants to stay longer in the country. But yes I’ve read that the child citizenship act states that he has to have physical and legal custody meaning to be physically with him. 

When is the interview?  When is the son's 18th birthday?  When does the father plan to return to the US?  There are a lot of competing assumptions here and it is not guaranteed the visa will be issued or the son will even have the interview soon.  Regardless, the father (petitioner) should be in the US either arriving with his son, or proceeding the son before the child activates their LPR visa.

 

The father may need to make plans for a quick trip to the US with the son if all the assumptions line up.

 

Good Luck!

[Mike E 11,739]

1 hour ago, Dashinka said:

The father may need to make plans for a quick trip to the US with the son if all the assumptions line up.

 

I am amazed this case got to DQ and will be surprised if a visa is issued

[Chancy 6,241]

2 hours ago, Rey_o said:

he wants to send his son with friend to US cause he wants to stay longer in the country.

 

That would be illegal and could cause issues for his son's immigration/citizenship down the line if USCIS scrutinizes the case.

 

From https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/i-864-affidavit-faqs.html#aos23 --

A petitioner who is unable to demonstrate that he or she is domiciled in the United States who wishes to qualify as a sponsor must demonstrate that:

• He or she has either already taken up physical residence in the United States; or
• He or she has taken concrete steps to establish a domicile in the United States and will do so concurrently with the applicant no later than the date of the intending immigrant’s admission.

The sponsor does not have to precede the applicant to the United States but, if he or she does not do so, he or she must arrive in the United States concurrently with the applicant.

 

[Rey_o 3]

3 hours ago, Chancy said:

 

That would be illegal and could cause issues for his son's immigration/citizenship down the line if USCIS scrutinizes the case.

 

From https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/i-864-affidavit-faqs.html#aos23 --

A petitioner who is unable to demonstrate that he or she is domiciled in the United States who wishes to qualify as a sponsor must demonstrate that:

• He or she has either already taken up physical residence in the United States; or
• He or she has taken concrete steps to establish a domicile in the United States and will do so concurrently with the applicant no later than the date of the intending immigrant’s admission.

The sponsor does not have to precede the applicant to the United States but, if he or she does not do so, he or she must arrive in the United States concurrently with the applicant.

 

the thing is he’s already taken up physical residence in the US, he’s been in the US for 20 years, he just goes back and forth to the country for vacation 

[Rey_o 3]

6 hours ago, Dashinka said:

When is the interview?  When is the son's 18th birthday?  When does the father plan to return to the US?  There are a lot of competing assumptions here and it is not guaranteed the visa will be issued or the son will even have the interview soon.  Regardless, the father (petitioner) should be in the US either arriving with his son, or proceeding the son before the child activates their LPR visa.

 

The father may need to make plans for a quick trip to the US with the son if all the assumptions line up.

 

Good Luck!

His interview is the middle of this month and his birthday in first of October. And the dads returning I’m thinking in maybe 4-5 months the least.. his wife’s visa will have 6 months so he wants to stay till the visa is almost expired. 

[Mike E 11,739]

2 minutes ago, Rey_o said:

the thing is he’s already taken up physical residence in the US, he’s been in the US for 20 years, he just goes back and forth to the country for vacation 

The upside of winning this gamble is the sponsor saves some air fare.

 

The downside of losing the gamble is beneficiary loses his LPR status or U.S. citizenship. And the loss might not happen until years or decades later, at which time the son will have no practical path to LPR status.

 

Penny wise / pound foolish I think.

 

All the father has to do is accompany his son, establish evidence the son lives in the same home (take the son to the DMV to get state ID for the son or both if needed) and leave.

[Dashinka 24,493]

26 minutes ago, Rey_o said:

the thing is he’s already taken up physical residence in the US, he’s been in the US for 20 years, he just goes back and forth to the country for vacation 

Yes, but since the son is entering on an immigration visa, the petitioner has some responsibility related to the first entrance of the US regardless of how long that petitioner has been in the US.  It is the same as for a spousal visa.

 

If the father wants to establish his son is a USC (becomes an LPR prior to his 18th birthday thereby becoming a USC through his father), he should follow the idea spelled out by @Mike E.

 

Good Luck!

[Rey_o 3]

29 minutes ago, Dashinka said:

Yes, but since the son is entering on an immigration visa, the petitioner has some responsibility related to the first entrance of the US regardless of how long that petitioner has been in the US.  It is the same as for a spousal visa.

 

If the father wants to establish his son is a USC (becomes an LPR prior to his 18th birthday thereby becoming a USC through his father), he should follow the idea spelled out by @Mike E.

 

Good Luck!

Ok Thankyou so much for your time and answering my question, I appreciate it so much. I will let him know.

[Rey_o 3]

50 minutes ago, Mike E said:

The upside of winning this gamble is the sponsor saves some air fare.

 

The downside of losing the gamble is beneficiary loses his LPR status or U.S. citizenship. And the loss might not happen until years or decades later, at which time the son will have no practical path to LPR status.

 

Penny wise / pound foolish I think.

 

All the father has to do is accompany his son, establish evidence the son lives in the same home (take the son to the DMV to get state ID for the son or both if needed) and leave.

Yes same I think it’s a dumb decision he wants to do just to benefit himself some more time for vacation in the country, but Thankyou and I will let him know he should be accompanying his son especially since he’s a minor and coming into US on a visa.

[milimelo 4,477]

1 hour ago, Rey_o said:

His interview is the middle of this month and his birthday in first of October. And the dads returning I’m thinking in maybe 4-5 months the least.. his wife’s visa will have 6 months so he wants to stay till the visa is almost expired. 

4-5 months stay is certainly not a vacation...