Legal Question in Immigration Law in Florida
A legal resident of US who got her permanent resident status before her child was born. Her dutch husband died and she decided to move to UNited states but her 14 year old son does not have his resident visa. Can she bring him to the United States to live while processing his resident visa?
2 Answers from Attorneys
No, she can't bring her foreign born 14-year old son to USA. I understand that a mother is not a US citizen, but a permanent resident (Green Card holder) residing not in USA, but abroad.
It's not really clear what is her status. When she became a permanent resident? How lond she resided abroad? How often she traveled to USA? Did her son ever traveled to USA, and if yes, when? Whether she lost her permanent residency or not?
It's advisable for her to consult a knowledgeable immigration attorney.
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Before I would rule anything out, I would ask how long ago did the mother obtain permanent residence? There still may be options by having the son accompany or follow to join. An immigrant visa may be obtainable at a foreign consulate, but more information about the mother will be needed. So, she could at some point bring her son with her here, but the son would need an immigrant visa. No relative preference petition is required for accompanying or following to join derivatives.
But there appears to possibly be a deeper problem. And that is whether or not she still has her permanent residence. It may be that she abandoned her residence. In this case there may be remedies if the reason for the departure was temporary (even years). But I will need to know more about how long she has been out of the U.S.
If you would like to come to Miami to have a meeting, or phone consultation, please feel free to contact me for more information.
Sincerely,
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