My I-526 petition has been approved. My current wife and son will move to the United States with me. Right now, I would like to bring my other kid (under 21 years old) from my previous marriage to the United States also. Is this possible and how can I do it?
Answers
Reza Rahbaran
Immigration AttorneysYes, provided you can prove a biological relationship. Further, you will need permission from the child''s biological mother prior to bringing the child to the United States.
Ed Beshara
Immigration AttorneysYes you can include your biological child with your current wife and her child in the application process for conditional permanent residency.
Shahzad Q Qadri
RC CreatorsYes; all children under 21 years old and the spouse of the I-526 applicant are entitled to file for permanent residency when the I-560 petition is approved. Each applicant for permanent residency must file their own I-485 application.
Jinhee Wilde
Immigration AttorneysAs long as you could document that the child is yours by birth certificate and possibly with DNA evidence, you may be able to do it. There will be an inquiry on why such child was not listed in your original I-526 application though.
Marjan Kasra
Immigration AttorneysDid you include this other child in your original application? I would have to know more about your situation. Also there are your own country''s laws to take into account as well.
Salvatore Picataggio
Immigration AttorneysYou may be able to add another child or family member to the immigrant visa application. Of course, any child under 21 years of age and your current spouse would have already been included if they were listed on the I-526 petition.
Grace Gardiner
Immigration AttorneysDid you disclose this child in the original application? Please discuss with the attorney who helped with the first application. There might be an issue if you failed to disclose.
Martin J Lawler
Immigration AttorneysYes you may if the mother consents and you have custody of the child or you have to get a new court order. I am pleased to speak to you about this.
Lynne Feldman
Immigration AttorneysHopefully you named the child on the I-526, but yes this is doable provided you can show the biological relationship or step relationship (married to ex-spouse prior to the child''s 18th birthday).
BoBi Ahn
Immigration AttorneysYou can include all your children under 21 in your greencard processing; however, you will need your ex-spouse to release custody and provide written consent to your child being processed for permanent residence to the U.S.
Fredrick W Voigtmann
Immigration AttorneysYes. It is possible. You need your former wife''s written permission, and it would help if you have a court''s legal/physical custody award.
Gregory Romanovsky
Immigration AttorneysYes, you can. If you are still at the National Visa Center stage, you will need to notify them that you have another child who will be immigrating with you. You will need to pay the visa fees and complete the necessary paperwork for him, as you would for every other family member.
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.