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Can my USC husband sponsor my 21 yrold son?

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  • Can my USC husband sponsor my 21 yrold son?

    I have a CGC and my husband is a USC. Can either one of us sponsor my 21 yearold son who is Australian? And if so, is the process long?

  • #2
    I have a CGC and my husband is a USC. Can either one of us sponsor my 21 yearold son who is Australian? And if so, is the process long?

    Comment


    • #3
      No, your husband cannot sponsor your son.

      For immigration purposes, your son is too old to be sponsored by a stepfather.

      Comment


      • #4
        well can I sponsor my son? is there a way that i can have him here with us?

        Comment


        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by rooee:
          well can I sponsor my son? is there a way that i can have him here with us? </div></BLOCKQUOTE>
          You could petition as an LPR as long as your over 21-year old son is unmarried. That petition is a family preference category and subject to a visa number and possibly a long waiting time (relative to the country he resides in). You could upgrade the alien relative petition once you become a USC, which would abbreviate the waiting time. Or you could apply to naturalise as soon as you have been an LPR for 2 years 9 months, and once you are sowrn in and become a USC you could then petition your son as a USC (subject to the preference category for sons and daughters of USCs). As a USC there is also no restriction that the son be unmarried.
          The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

          Comment


          • #6
            Yes, a permanent resident can sponsor an UNMARRIED child of any age (but CANNOT sponsor a married child).

            Children of a permanent resident who are UNDER 21 years old and unmarried are in preference category Family 2A (F2A). The wait for a priority date in F2A appears to be approximately 3-4 years.

            Children of a permanent resident who are OVER 21 years old and unmarried are in preference category Family 2B (F2B). The wait for a priority date in F2B is about 5-6 years.

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            • #7
              he is already 21, what category would he be in and would he have to wait in australia till a date is set? how else can i get him here. he needs to be with me. thanks....

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              • #8
                I am asuming that, because you have a conditional greencard, that you have not been married to your USC husband since before your son was 18 years old?

                If you were married to your USC husband BEFORE your son reached 18 years-of-age, then he would qualify for sponsorship as the stepson of a U.S. citizen.

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                • #9
                  Yes, your son would have to remain in Australia until he receives an immigrant visa. Given that he has immigrant intent, and a mother who lives in America, his chances of being admitted as a non-immigrant are about ZERO.

                  Not to sound harsh, but if he truly "needs to be with" you, perhaps you should have considered that before you immigrated...or perhaps your husband could become acquainted with the charms of the Australian immigration bureaucracy.

                  Comment


                  • #10
                    Well it is not possible for us to return to Australia as we now have custody of a disabled usc family member. It was our initial intention for my husband to immigrate to Australia. Anyway that is beside the point.
                    I have someone who will sponsor my son with a trade apprenticeship. Is it possible for this future employer to petition for this while my son is here on a visa waiver program? Or is it indeed possible to extend a visa waiver at all? Thanks!

                    Comment


                    • #11
                      My stepfather who is a usc is filing for me and i'm over 21 years old. Your USC husband can file for your son granted that you and your husband were married before your sons' 18th B-DAY.

                      Comment


                      • #12
                        If your son attempts to enter the United States using the visa waiver program, he is likely to be refused entry. Your son has obvious immigrant intent, given that his mother is a conditional resident.

                        If he is admitted to the country using the visa waiver program, his authorized period of stay will be ninety days...and ONLY ninety days. Any attempt to increase the authorized period of stay will be denied, as per the terms of the visa waiver program.

                        Furthermore, I doubt that a potential trade aprenticeship will enable him to move to the United States.

                        Sorry for the bad news. Australia is a great country and a wonderful ally to the United States...I wish that all Australians could immigrate to America, but that's not the way that it works.

                        Comment


                        • #13
                          Sundevil, while I appreciate your replies, you certainly have your wires crossed. My children come to visit me frequently and are never refused. Matter of fact my oldest son is here now for the holidays as well as my daughters two boys. They fly out on Sunday. Not everyone has intentions of breaking the law, and certainly not my kids! I have already spoken with the Dept of State and my son will be eligible for a J visa and that will only take a couple of months. And yes Australia is a wonderful country, your are right on that!

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