Will my son be granted an F2B visa if I am a green card holder? 3 Answers as of February 14, 2011

I am a green card holder. I applied for my son for f2b and I have taken reentry permit two times as I am working in my home country now. I am a retired person now. I am maintaining the status every 6 month by going US for two months. Now the NVC has sent my son’s file. I have made ado support with joint sponsor. Will my son will get the visa or not?

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Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Maintaining your Green Card/Legal Permanent Resident status does not mean that you visit the U.S. every 6 months or so. You must permanently reside in the U.S. to keep your status and it's impossible that the U.S. consulate could believe you abandoned your status. If so, your son's application will be denied.

Even if you have a co-sponsor, you still must file and Affidavit of Support. One of the requires is that your have to be domiciled in the U.S. Since it appears that you have not actually lived in the U.S. for several years (as opposed to visiting the U.S. during the last several years), you will have to prove that your have or will move back to the U.S.
Answer Applies to: California
Replied: 2/14/2011
The Vega Law Firm
The Vega Law Firm | Linda Vega
This depends on when you filed the petition and the age of your son when you filed the petition. Additionally, other factors will affect the application such as what country you are from originally as well as whether or not your son has married. In 2002, Congress passed the Child Status Protection Act to protect children from aging out (reaching 21 years of age before the application was approved). You may want to obtain a consultation prior to sending the information to NVC for Consular Processing.
Answer Applies to: Texas
Replied: 2/14/2011
JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | Jack C. Sung
Your son should be able to get the visa under F2B if he is not married or does not have a criminal history. If you want to be sure, you can retain my office to represent you and we will be sure that he gets the visa he is eligible to receive.
Answer Applies to: California
Replied: 2/14/2011
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