Denied entry and going with child to US without US citizen spouse

[dhouse89 4]

I'm having some fear right now because my wife and son (6 years old) will come to the United States. I'm currently in the US and my wife got her Marriage (permanent) visa approved. I do have a couple of questions.

 

1) Can my wife be denied entry with a Marriage (permanent) visa? It seems like the immigration officers at the airport have full control on who can enter the US.

 

2) My son is a US citizen and will go with my wife to the US. Does my wife need some written consent or any form of consent to take my son to the US? I know there will be pre-TSA before her flight.

 

Thank you.

[Boiler 45,486]

Why would she be denied entry?

 

Well a lot depends on the Country involved but best to meet the requirements 

[Dashinka 24,493]

Yes, CBP controls the border, and can deny entry to anyone that is not an LPR or USC, but someone entering with a valid immigration visa should be fine unless that person gives CBP a reason to question the legitimacy of the visa.  If you are quite concerned about the entry, why not go back and meet them outside the U.S. and enter together?  This would more than likely solve both of your questions.

 

Good Luck!

[PGA 240]

11 hours ago, dhouse89 said:

My son is a US citizen and will go with my wife to the US. Does my wife need some written consent or any form of consent to take my son to the US?

This depends on the country. Peru, for example, requires it and it has to be notarized. 

[Boiler 45,486]

One of the TV shows that deals with drug smuggling etc had a situation involving a lady from Colombia and a child, they are red hot on it

[Amunah 62]

Written consent from whom? Is it necessary if she was alone with him abroad? Just curious. 

[pushbrk 12,881]

1 hour ago, Amunah said:

Written consent from whom? Is it necessary if she was alone with him abroad? Just curious. 

Written consent from the other Biological parent.  This is a country specific question, but is easily solved with a Notarized Letter from the US Citizen parent.  If you have THAT, the question becomes moot.

[dhouse89 4]

21 hours ago, Dashinka said:

Yes, CBP controls the border, and can deny entry to anyone that is not an LPR or USC, but someone entering with a valid immigration visa should be fine unless that person gives CBP a reason to question the legitimacy of the visa.  If you are quite concerned about the entry, why not go back and meet them outside the U.S. and enter together?  This would more than likely solve both of your questions.

 

Good Luck!

Wouldn't my wife be already a LPR? She already has the visa in her passport. Or does she become a LPR once she passes through immigration and get her green card?

 

 

9 hours ago, pushbrk said:

Written consent from the other Biological parent.  This is a country specific question, but is easily solved with a Notarized Letter from the US Citizen parent.  If you have THAT, the question becomes moot.

@PGA@Boiler
It's Korea. I've taken my son out of the country by myself without any issues, but I took him to another country that wasn't the US. I'm not sure if the airline will need it or not to go to the US.

[Dashinka 24,493]

1 hour ago, dhouse89 said:

Wouldn't my wife be already a LPR? She already has the visa in her passport. Or does she become a LPR once she passes through immigration and get her green card?

 

 

@PGA@Boiler
It's Korea. I've taken my son out of the country by myself without any issues, but I took him to another country that wasn't the US. I'm not sure if the airline will need it or not to go to the US.

She does not become an LPR until CBP endorses the visa she is traveling on when she uses it to enter the U.S.
 

Overall, if you are worried about you wife traveling with your USC child, and you are unable to accompany her, send her a notarized letter explaining she is traveling to re-unite with you in the U.S.  That is a fairly common practice for any parent crossing an international border.  For instance if you decided to take a trip to Canada with your child without your wife, you should have a letter from her in case Canadian Border Control asked to see it.

 

Good Luck!

[flipicaneze 20]

On 1/18/2024 at 11:39 PM, dhouse89 said:

2) My son is a US citizen and will go with my wife to the US. Does my wife need some written consent or any form of consent to take my son to the US? I know there will be pre-TSA before her flight.

 

 

 

This is the reason I am going out there to pick my Wife and Son.  My wife cannot take my son out of the Philippines with her Philippines Passport and him having a US Passport.  Vice versa I cannot bring my own son with my US Passport if all he had is a Philippines passport.  (For my situation, this is not a US Border thing, this is Philippines BOI.  Anti-human trafficking efforts.)

Edited January 21 by flipicaneze

[IWander 589]

9 minutes ago, flipicaneze said:

 

This is the reason I am going out there to pick my Wife and Son.  My wife cannot take my son out of the Philippines with her Philippines Passport and him having a US Passport.  Vice versa I cannot bring my own son with my US Passport if all he had is a Philippines passport.  (For my situation, this is not a US Border thing, this is Philippines BOI.  Anti-human trafficking efforts.)

My wife just traveled to and from the Philippines with my daughter.  My wife only has a Philippines passport and my daughter only has a US passport.  No questions were ever asked of her by anyone.

[pushbrk 12,881]

It's important to note that the anti-trafficking laws and policies are all about leaving a country, not entering one.

[Jimmyzr1 36]

On 1/19/2024 at 1:57 AM, Dashinka said:

Yes, CBP controls the border, and can deny entry to anyone that is not an LPR or USC, but someone entering with a valid immigration visa should be fine unless that person gives CBP a reason to question the legitimacy of the visa.  If you are quite concerned about the entry, why not go back and meet them outside the U.S. and enter together?  This would more than likely solve both of your questions.

 

Good Luck!

Yes, but the only ones CBP doesn't deny are all of the illegal migrants coming across our Southern border! I you're doing the petitions legally, waiting over 2 years + and paying lots of money to bring your spouse and step-child, they can and do deny entry! Such a scam of a system!

[Dashinka 24,493]

6 hours ago, Jimmyzr1 said:

Yes, but the only ones CBP doesn't deny are all of the illegal migrants coming across our Southern border! I you're doing the petitions legally, waiting over 2 years + and paying lots of money to bring your spouse and step-child, they can and do deny entry! Such a scam of a system!

I don’t disagree, but that is getting more into a political discussion which is reserved for the CEHST forum.

[Crazy Cat 41,845]

8 hours ago, Jimmyzr1 said:

they can and do deny entry!

How many spousal visa holders have you seen denied entry?  I have seen only 1 in the past 8 years here.   That was a case of a Canadian spouse who wanted to enter the US, then immediately return to Canda.  That is far, far different from your case.   Immigration is full of "What ifs"....but I don't see a problem.  Good luck on the rest of the journey.  It is quite a ride. 

Edited January 22 by Crazy Cat