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Alien mother of USC child

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  • Alien mother of USC child

    Hello!

    I'm looking for a legal advice to my current situation. The situation is this:

    Mother is Brazilian, marry the Father (US citizien) and give birth to a child in Brazil. The child gets the US citizenship through the Father. The family lived in Brazil for 5 years, until the parents divorced. The mother never requested the right of her green card while married.
    After separation father goes back to USA, while child and mother stayed in Brazil. Child then start developing behavior problems duo the absent presence of the father.
    After a time, mother and child reunite with the father in the USA, so even as divorced parents they plan to live close to each to raise their child. Child is then enroled in the school.
    Later mother has to go back to her home country, because she finds out she cannot earn the right to stay.
    Duo to the child being enroled in the school and showing positive changes in behavioral, the child then stays with the father in the USA. But now missing the mother, the child takes a step back in behavioral problems.
    When mother went back to Brazil, she got married to a Brazilian citizen. The couple then hurry to enroll in a american university, applied for a F1/F2 visa in order to legally stay in the country and close to the child.

    Nowdays: Mother is struggling financially to continue to stay, due to high internationals tuitions wavers and not being able to work.

    Question: Can this mother do something to gain a permanent residence in order to keep this family together under this scenario?

    Thank you

  • #2
    Hello!

    I'm looking for a legal advice to my current situation. The situation is this:

    Mother is Brazilian, marry the Father (US citizien) and give birth to a child in Brazil. The child gets the US citizenship through the Father. The family lived in Brazil for 5 years, until the parents divorced. The mother never requested the right of her green card while married.
    After separation father goes back to USA, while child and mother stayed in Brazil. Child then start developing behavior problems duo the absent presence of the father.
    After a time, mother and child reunite with the father in the USA, so even as divorced parents they plan to live close to each to raise their child. Child is then enroled in the school.
    Later mother has to go back to her home country, because she finds out she cannot earn the right to stay.
    Duo to the child being enroled in the school and showing positive changes in behavioral, the child then stays with the father in the USA. But now missing the mother, the child takes a step back in behavioral problems.
    When mother went back to Brazil, she got married to a Brazilian citizen. The couple then hurry to enroll in a american university, applied for a F1/F2 visa in order to legally stay in the country and close to the child.

    Nowdays: Mother is struggling financially to continue to stay, due to high internationals tuitions wavers and not being able to work.

    Question: Can this mother do something to gain a permanent residence in order to keep this family together under this scenario?

    Thank you

    Comment


    • #3
      Nothing at all if the father is not prepared to marry you.

      Comment


      • #4
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by englishintern:
        Nothing at all if the father is not prepared to marry you. </div></BLOCKQUOTE>

        First of all: I'm already married.

        Second: I was once legally married to the father. I had the right and did not used during the time.

        Third: Sugesting me to marry the father when this would not be a real marrying family deal, it is like going around. I do not want to go around. I would like an immigration judge look at my case and see that is exceptional situation.

        Can I get anywhere in the immigration constitution an exception that would alow a son earn the right to have his mother with him?

        Because the way it is, either my son miss his mother or either his father, and possibly get serious psycological problems for not having one of them.

        Comment


        • #5
          After one year an F-1 can work. After graduation you can get an H-1B or H-2B working visa. You can apply for the visa lottery. Otherwise, marriage to some American is the only solution.

          Comment



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