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14e11

I-485 for baby

By 14e11 in Bringing Family Members of US Citizens to America

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14e11 Newbie

14e11   2

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hello everyone,

 

this might be a simple question but I got really confused.

so in order to apply for I-485, the applicant needs a visa. if I apply for my baby while he has a B2 visa, is it still considered to be immigration fraud? is there any type of visa available for the minor children of US citizens? I can't get a CRBA because of physical presence requirement, I have e-mailed FOIA multiple times and they are not replying so I need a backup plan such as I-130 and I-485.

 

thank you

Boiler Grand Master

Boiler   45,795

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Filed: K-1 Visa Country: Wales
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Where is the baby now?

“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.”

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milimelo Veteran

milimelo   4,522

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Filed: Citizen (apr) Country: Bosnia-Herzegovina
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20 minutes ago, 14e11 said:

he is outside US. only visa I can get for him is a tourist visa and when you try to adjust status with a tourist visa, it’s considered fraud. the waiting time for I-130 is also crazy so I’m not sure what to do here

You'll do what everyone else does - file I-130 and get in line like everyone else. You can try expediting but prepare for wait time. 

And yes, getting a tourist visa and then attempting to AOS IS fraud.

ROC 2009
Naturalization 2010

Boiler Grand Master

Boiler   45,795

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Filed: K-1 Visa Country: Wales
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File an I 130

“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.”

SalishSea Grand Master

SalishSea   17,988

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Filed: Lift. Cond. (apr) Country: New Zealand
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2 hours ago, 14e11 said:

he is outside US. only visa I can get for him is a tourist visa and when you try to adjust status with a tourist visa, it’s considered fraud. the waiting time for I-130 is also crazy so I’m not sure what to do here

No one is any more special than anyone else in this process.   We all have to wait our turns.

 

Do not do a fraud.   Petition the baby properly.  Since you are a USC and free to live outside of the US indefinitely, you can return to the baby’s country and live there in the interim.

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

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