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***STEPCHILDREN IN IRAQ***-please read

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  • ***STEPCHILDREN IN IRAQ***-please read

    I have two stepchildren in Iraq. She is 20 and he is 19. On a recent visit to Iraq my husband found them living in deplorable conditions and understandably so. Their mother is gone no one has seen or heard from since the outbreak of the war. My husband and I want to bring them to stay in the US with us. My question is can he just go there again and schedule them on a flight to bring them with him? They have their birth certificates which prove that my husband is the father. I know that permanent visas are available immediatly to children of US citizens under the age of 21. Does that mean that they can enter the US and then we can process the VISA application? Please point me in the right direction. I would also need to know what forms I need to file.

  • #2
    I have two stepchildren in Iraq. She is 20 and he is 19. On a recent visit to Iraq my husband found them living in deplorable conditions and understandably so. Their mother is gone no one has seen or heard from since the outbreak of the war. My husband and I want to bring them to stay in the US with us. My question is can he just go there again and schedule them on a flight to bring them with him? They have their birth certificates which prove that my husband is the father. I know that permanent visas are available immediatly to children of US citizens under the age of 21. Does that mean that they can enter the US and then we can process the VISA application? Please point me in the right direction. I would also need to know what forms I need to file.

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    • #3
      If your husband is the biological father (and can proof that via the birth certs, financial support for the children, attachment and communication) and is a U.S. citizen, he should immediatly file I-130 with affadativ of support (seperatly for each child!).

      He should wait until these are approved and the children can immigrate properly. He should not have the children sit in a plane and attempt to enter the U.S. now, without a proper visa (asylum may not be granted and an inadmissiability charge at the U.S. border may further delay the proper family based sponsorshhip!). Good luck!

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      • #4
        on a second thought, he may be able to obtain immediate visas (exceptional circumstances, for being in a war zone, consult BCIS, a consulate if you're overseas, or an attorney), but that would depend on many factors (since they've reached majority already) and on how much of a relationship and support their father was up until now!

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        • #5
          Clif is right, if your husband is a USC then he should sponsor his kids immediately and hopefully in less than a year they will come to the States as permanent residents.
          In case your husband has Green Card still he should sponsor them by filing I-130. It will take several years or untill he becomes USC for them to come here.
          In the meantime, before sponsoring them your husband may try to bring them on Visit Visa but that will be a temporary solution unless they change their status afterwards.
          Since both your step-children are over 18 years of age, so you can sponsor them now.
          Good luck.

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          • #6
            Hi Umesh, I think it is very unlikely that they will receive a visitor visa when their father is living legally in the U.S. They won't be able to proof that they have no intention of staying (because they do want to stay, right?).

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