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Does consular processing for a minor automatically provide him with a temporary non-immigrant visa?

New York, NY |

I will be marrying my boyfriend, a US citizen next month and will also start the consular process for my son (12, lives in Spain with Israeli nationality). My question is; once the process starts would he be provided with a non-immigrant (tourism) visa in the meantime to come visit me in the US? It's important for me to know that he can come visit me in the US at least once throughout the process (I was told it might take up to 8 months to get his green card). If not, can I petition for one?

Attorney Answers 3

Posted

Not only is it not automatic, but it is highly unlikely.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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Asker

Posted

J- highly unlikely that he will not get one even if I petition for one? Is that common? What is the likelihood of obtaining this?

J Charles Ferrari

J Charles Ferrari

Posted

Highly unlikely that he would be able to visit while the immigrant petition is in process.

Tripti Sharad Sharma

Tripti Sharad Sharma

Posted

More facts required - whom does the child live with and where does he go to school? If he is wholly dependent on you, B-2 is not an option.

Tripti Sharad Sharma

Tripti Sharad Sharma

Posted

Sorry Charles, I meant to answer to the post and not comment on your response.

Posted

The time for the visa should be instant but never can tell with the consultate. Yes, you can with the sponsorship once your new US citizen husband sponsors you.

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Posted

Thank you Jeffrey- If I or my US Citizen husband would petition for it, what is the likelihood of the tourism visa to be approved and how long would it take?

Jeffrey Jose Estrella

Jeffrey Jose Estrella

Posted

That is difficult to answer without more info.

Posted

More facts required - whom does the child live with and where does he go to school? If he is wholly dependent on you, B-2 is not an option.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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Posted

Tripti- he was born and raised in Barcelona, Spain (goes to school there as well). My divorce papers state that I have full custody over him. He will be staying with my parents in the meantime (his father lives abroad and they are not in touch). Can I petition for a toursim visa for him at the same time I file for the consular process?

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