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ILW.COM Homepage    discuss.ilw.com    discuss.ilw.com    Immigration Discussion    u.s.a.born child.
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<b.joshi>
Posted
Dear Sir,
Me and my wife were in u.s.a on b1/B2 visa in 1997
and my wife delivered a baby boy in u.s.a. and we got a u.s.a.passport of him and since five years we are in our home counry,i.e. india.I would like to know that on the basis of our son what are the chances of our immigration. My son is five years old and is having an u.s.a. pasport. Thanks.
 
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<Jerry>
Posted
I was born here 21 years ago.
My parents (both Filipinos) went back home (Philippines), I finished school there, then moved and work here. I am a U.S. citizen, but I have to pay Philippines for staying there that long (Phil. regualtion).
 
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<bugsy>
Posted
Your son can only petition you when he turns 21.When he reach that age then he can petition for you and that takes years again, roughly 5-20 years
after he becomes 21 years old.
 
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<Anon>
Posted
Sorry Bugsy; not 5-20 years. The US citizen files a petition for his/her parents when he/she turns 21 and this petition is not numerically limited. This means that there is a visa 'number' available immediately for the parents - the only significant delays will be based on how accurate the paperwork is that was filed and the workload of the embassy..typically about 6-8 weeks after filing at most consulates, assuming no other unusual problems. The long waiting time is for brothers and sisters of Amcits; that wait is between 11 to 18 years.
 
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<b.joshi>
Posted
i thank you both for the prompt reply. i have an elder daughter she is 9 years of age and how my son can file for her pl.advise. thanks
 
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<Joshi_two>
Posted
On what visa is your son staying in India? Since I am planning to go back to India within a few months.
 
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<Muhammad>
Posted
Go back to India and stay there you Hindu scum!
We do not want you in the United States!
Never!
 
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<Joshi_two>
Posted
Thank You ...Allah..I shall follow your advice.
 
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<KM>
Posted
This is a guide line on how to bring to a sibling to the US by USC. But I think law and procedure will change by the time your son turns 21.

http://www.ins.gov/graphics/howdoi/sibling.htm
 
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<Kang>
Posted
Dear Brother Joshi:
I heard that INS accepts an exception in many cases. In your case, you need to find a proper immigration application for financial support for your son if you live in the US now. If you are in home country now, I think you need to move to the US now if possible, and give your son an opportunity to be educated there because all education-related expenses are free for the US born children and then about one or two years later apply green card with a reason to support your US born son. When you stay in the US, you might find a sponsor for work based immigration too. Who knows! If you really want to immigrate to America with your son, the sooner you go to America, the sooner you have a chance to stay there. Good luck!
 
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<b.joshi>
Posted
Dear km and kang.
Thanks for your reply. I fully agree that there are some exceptions to the rule. If I move to u.s.a.with my family and u.s.a.born son, I may get to stay in usa the permission to stay for two to three months, so how can I stay legally after my permission period/ Do you think if i get the advise of immigration lawer that will help me? If my son goes to school can we stay there legally. I have financial support from my brother who is well settled in u.s.a. I request you to kindly advise me how to step further/ Thanks.

B. Joshi
 
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<Joshi_two>
Posted
Dear Mr.Joshi

I think you might have missed my question, so here it is again.

On what Visa is your son staying in India currently?

Thanks in advance
 
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<Imm_Prob>
Posted
To the Joshi(s)
A person with US passport can stay in India continuoulsy for six months on a visitor visa, after that they could renew it in India itself, failure to do so would definitely create problems for Joshi (no 1 ) so if you have not done that, I am sure your son would be detained in India itself. So my advice better check with a lawyer in India before checking with any immigration lawyer in US.
 
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