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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


  1. 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.


  2. 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.


  3. 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.


  4. 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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