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I am a 2 years green card holder, i have not filed for my 2 sons yet because my husband is the only one that can apply for D

Indianapolis, IN |

I-130 but we are seprated now because he was abusive..i have the court judgement on this,I need my kids to come visit me At least during summer,can i write them an invitation letter including an invitation for an adult who will accompany them? Do you think 3 of them will be approved to visit me considering my status? I have a good job and taking care of them FOR d holidays will not be a problem.

Attorney Answers 4

Posted

Consult you immigration attorney.. You are asking for a legal advice not general informaiton. As a general matter, your kids will not be issued a nonimmigrant visa because of the immigrant intent. There are other was probably to deal with this situation but those are fact specific and cannot be advised upon via this forum. A general question would be for instance: are there derivative immigration benefits accompanying an abuse spouse application? Yes there are.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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Alexander Joseph Segal

Alexander Joseph Segal

Posted

typo, ways instead of was

Asker

Posted

Thank you sir but will they be issued a visiting visa at least? that is all i want to know sir?

Alexander Joseph Segal

Alexander Joseph Segal

Posted

Read other posts they di answer this question for you. In my opinion, they will not. Other attorneys seem to think more positive.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

Not because you MUST disclose your status in the USA and the second you do the consul will be very reluctant to conclude that they have no immigrant intent.

Asker

Posted

hmm u ve spoken well..and i do appreciate u a great deal too...i was thinking that too,and as a matter of fact,this very thought brought about my question..but now what do i do?do i just file for them?but the thing is i am not ready to file for them now because i will not have the time to take care of them now,and i still have a lot of personal developmental issues to contend with.My parents are taking care of them in Africa.besides i still want them to have enough of our moral ethics before they come here to reside.. You are a blunt man..I like that. pls reply asap cheers.

Posted

A green card holder can sponsor her sons for permanent residence as long as they are unmarried. They may also be able to visit you in the US (prior to you sponsoring them).

Please click the link below for additional information.

---------
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Know Your Rights!
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
www.inmigracion-abogado.com (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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Asker

Posted

My understanding is that i can invite them to visit any time before i turn in their application?and that as long as i am not sponsoring them at the time of visit they are cool and i should not anticipate any fear of visa denial on them?pls sir i need you to respond.Thank you so much.

Posted

You as a permanent resident (including conditional resident) can file for your unmarked sons. It soundalike you may also need to make a waiver of joint filing for removal of conditions/ VAWA application. Please consult with an experienced family immigration attorney.

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Asker

Posted

I am so grateful to you sir.May the Lord strengthen your wisdom...but do i do this filling now,or when the time to re-apply is due?

Asker

Posted

sorry what do you mean by unmarked sons?

Pradeek Susheelan

Pradeek Susheelan

Posted

I meant unmarried I apologize, it seems the iPad is correcting it to unmarked.

Pradeek Susheelan

Pradeek Susheelan

Posted

File now

Asker

Posted

awwhhh u re simply wonderful..i am proud of you.thank you so much

Posted

There is high chances of denial but who knows you might be able to convince the Consulate for a visa. You would be taking chances. You may have other issues as well to take care of. Best Wishes!
Lalita Haran
Attorney: Immigration Law
13295 Illinois St. Ste. 128
Carmel IN 46032
Ph: (317) 660-6174
www.haranlaw.com

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