Can I apply for nonimmigrant visa for my 10 year old son if I am green card holder and still married with a US citizen? 3 Answers as of April 16, 2015I have a 10 year old son from previous marriage. He is currently in Macedonia living with my mom. I have his passport with me right now. I want him to come and see if he can live here. My husband will be the sponsor for my son.
World Esquire Law Firm | Aime Katambwe
Yes but I recommend that you do this with a lawyer who can present your application in the light most favorable for you. If you do it wrong, your son will forever be denied a nonimmigrant visa and will have to wait for you to file an immigrant visa.
Answer Applies to: California
Frazier, Soloway & Poorak, P.C. | David Nabow Soloway
The short answer is yes, your family should be able to petition for your minor child to consular process, enter the U.S. and become a Lawful Permanent Resident (get a "Green Card"). It would be wise to engage an immigration attorney who, after learning all of the relevant facts, would be able to advise you about options for petitioning for your son, and to represent your family in that process. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
Answer Applies to: Georgia
Rivas-Rivera Law Offices | Juan Ramon Rivas-Rivera
If you want your son to come to the U.S. and live permanently with you and your husband, then an immigrant visa, not a non-immigrant visa, is what you need. Your husband could petition for him as an immediate relative since your son would be considered a stepson for all immigrant purposes. This way, the process would take considerably less time rather than you petitioning for him.
Answer Applies to: Texas