What to do while awaiting I-130 Petition

[Debbie A 0]

I am looking for advice in terms of what I can/should do while waiting for Montreal to process my I-130 petition to bring my 15-year old son into the U.S.

I am a U.S. citizen by birth and own my home in the U.S., though I currently live in Canada. My son (Canadian citizen) wants to live with me there and to attend school. My son does NOT have U.S. citizenship rights as I have not lived in the U.S. since my bith. We presented our I-130 petition at the Embassy in Ottawa and are awaiting a Notice of Action from Montreal.

My question is whether my son could enter the U.S. lawfully (he has been crossing almost daily to attend football practice), then decide he wants to stay with me there and apply for a change in his status (to permanent resident) on the basis that: he will be entitled to a visa once our petition is approved, he is lawfully in the U.S.; and our I-130 petition is current and pending? I am looking at a fact sheet from USCIS that seems to suggest so. I would like to get him in school asap, while we await the outcome of the petition. Would this work, or would I face the risk that my son might be deported?

[Chica Yeyé 41]

I am looking for advice in terms of what I can/should do while waiting for Montreal to process my I-130 petition to bring my 15-year old son into the U.S.

I am a U.S. citizen by birth and own my home in the U.S., though I currently live in Canada. My son (Canadian citizen) wants to live with me there and to attend school. My son does NOT have U.S. citizenship rights as I have not lived in the U.S. since my bith. We presented our I-130 petition at the Embassy in Ottawa and are awaiting a Notice of Action from Montreal.

My question is whether my son could enter the U.S. lawfully (he has been crossing almost daily to attend football practice), then decide he wants to stay with me there and apply for a change in his status (to permanent resident) on the basis that: he will be entitled to a visa once our petition is approved, he is lawfully in the U.S.; and our I-130 petition is current and pending? I am looking at a fact sheet from USCIS that seems to suggest so. I would like to get him in school asap, while we await the outcome of the petition. Would this work, or would I face the risk that my son might be deported?

I would contact the Consulate directly and ask them: your son should be able to claim US citizenship - case in which the whole visa would be unnecessary.

Now, if there is a visa process to go through, you cannot register him in school in the US or the like - each time you cross the border you need to prove residential ties to Canada. Not sure about change of status - your case is complex. Hopefully some of our wiser members will give you better advise.

In any case, welcome!!!!

Peace, L.

[trailmix 77]

I am looking for advice in terms of what I can/should do while waiting for Montreal to process my I-130 petition to bring my 15-year old son into the U.S.

I am a U.S. citizen by birth and own my home in the U.S., though I currently live in Canada. My son (Canadian citizen) wants to live with me there and to attend school. My son does NOT have U.S. citizenship rights as I have not lived in the U.S. since my bith. We presented our I-130 petition at the Embassy in Ottawa and are awaiting a Notice of Action from Montreal.

My question is whether my son could enter the U.S. lawfully (he has been crossing almost daily to attend football practice), then decide he wants to stay with me there and apply for a change in his status (to permanent resident) on the basis that: he will be entitled to a visa once our petition is approved, he is lawfully in the U.S.; and our I-130 petition is current and pending? I am looking at a fact sheet from USCIS that seems to suggest so. I would like to get him in school asap, while we await the outcome of the petition. Would this work, or would I face the risk that my son might be deported?

I would contact the Consulate directly and ask them: your son should be able to claim US citizenship - case in which the whole visa would be unnecessary.

Now, if there is a visa process to go through, you cannot register him in school in the US or the like - each time you cross the border you need to prove residential ties to Canada. Not sure about change of status - your case is complex. Hopefully some of our wiser members will give you better advise.

In any case, welcome!!!!

Peace, L.

Hi Debbie,

I understand what you are saying about your lack of residency and why your Son doesn't have an 'automatic' claim to U.S. citizenship (my Sister is in the process of applying for her Son right now).

Difference is they already live in the U.S., TN visa.

I recommend what Len said as well, I would contact the Consulate directly - perhaps there is some allowance for your Son to live with you there while waiting for his application to be approved (one would think so!). Will be interested to know what you find out.

Edited September 6, 2007 by trailmix

[misa 2]

Debbie, do your parents live in the U.S. at all?

I was born overseas. One of my parents was a U.S. citizen but never lived in the U.S. One of my grandparents was also a U.S. citizen. Could I have derived U.S. citizenship?

If your parent was a U.S. citizen when you were born but had not lived in the U.S. for the required amount of time before your birth, but one of your grandparents was also a U.S. citizen and had already met the residence requirements, then you may still have derived U.S. citizenship. For more information, please check our website, or the State Department website at www.state.gov.

http://www.uscis.gov/files/article/A4.pdf (page 2)

[Debbie A 0]

Debbie, do your parents live in the U.S. at all?

I was born overseas. One of my parents was a U.S. citizen but never lived in the U.S. One of my grandparents was also a U.S. citizen. Could I have derived U.S. citizenship?

If your parent was a U.S. citizen when you were born but had not lived in the U.S. for the required amount of time before your birth, but one of your grandparents was also a U.S. citizen and had already met the residence requirements, then you may still have derived U.S. citizenship. For more information, please check our website, or the State Department website at www.state.gov.

http://www.uscis.gov/files/article/A4.pdf (page 2)

My parents have not lived in the U.S.; we have looked at the prospects of citizenship for my son and are quite sure he does NOT have rights at this point.

[SeiChii 1]

help help help help !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

hello guyz this is my situation... im a usc and stayed out of the coutry for 2 years. got married and stayed there for a while... i came back in the us 2 months ago and filed the petition for my husband I-130..... im just wondering while my I-130 still pending can i go back to the philippines while my petition is pending? im concern about the domicile...

i called them and talked the officer and ask them if its ok to be out of the country while my petition for my husband is still pending.. and she said its ok as long im domicile in the us....

shes said as long my address is base on us residency would be fine.. and she ask me if my husband is out of the country... and i said yes.... she said its fine as long my husband is out of the country. and she said if they need more of the paper works to be done my relatives will let me know and inform me that i have a mail and need some documents for me...

i live with my sister and all my mails address there... i just renew my license and looking for a job right now.. but planning to go back 2 months from now.. please help i want to go back to the philippines and be with my husband and wait the approval for 1-13o please need an advice fellows.

by the way i didnt work for last 2 years so i dont have a tax return to file =(

thanks alot guyz =) and have a good day ahead of us wink