Child stayed 4 years in the US without status - will the immigrant visa be denied?

[immi378 0]

Hi,

My 7 year old son (born in Germany and only German citizen) overstayed his 90-day visitor visa by 4 years while living with me (only green card back then) in the U.S. from 2009-2013. I hold dual citizenship (naturalized in 2013) with the U.S. and Germany and so does my 1 year old baby. All 3 of us are now living in Germany since 12/2013.

I just got the I-130 approved by Frankfurt for my older son and now have the following questions with the immigrant visa procedure:

1. Will it be an issue that he stayed in the States for 4 years without a visa/green card even though he is only 7 years old?
2. The reason why he stayed so long without status is that my first citizenship application got denied in 2010 and I had to wait to reapply only in 2013, when it was granted. Should I explain this in detail in the online D-260 application or should I just state that he stayed 4 years since I am afraid that they will wonder why my citizenship got denied and therefore deny his immigrant visa application. How much detailed explanation should I give?
3. Will they ask my son direct questions at the interview or will they only ask me?
4. Since I am the petitioner, do I have to be the sponsor (I-864 form)? I own a property there but have no work income. I would need to get the home appraised I read, what are the complete steps for qualifying my home as sufficient income?
5. The father of the kids lives in the States (green card) and can be the sponsor instead. Since I will send all the documents now in March, will his 2013 taxes be sufficient or will they insist on the year 2014?

Thank You so much for Your answers. I really want to take care of all this the right way.

Edited February 19, 2015 by immi378

[aaron2020 11,651]

Hi,

1. There is no penalty for minors who overstay. We do not punish children for the choices their parents make. His overstay will not be an issue.

2. Minimal. There is no reason to spotlight something that will not be an issue.

3. They will not interrogate a 7 years old. They may ask him a few friendly questions.

4. You will file form I-864W since your child will automatically be a US citizen under the Child Citizenship Act when he enters the U.S. on the immigrant visa. The I-864W exempts you from the income requirements for the I-864.

5. His income is irrelevant since you can file the I-864W.

Best of luck.

[immi378 0]

Thank You so much for Your fast response and the great news.

Could You answer me two more questions please?

1. Will I have to show proof that my son is registered at a U.S. school at the port of entry / passport agency before they issue me his U.S. passport?

2. We plan to first travel there for one month and then return to live there. Will it be an issue that I will have two-way tickets or will they require me to travel on one way tickets only?

Please advise.

Thanks again.

[aaron2020 11,651]

Thank You so much for Your fast response and the great news.

Could You answer me two more questions please?

1. Will I have to show proof that my son is registered at a U.S. school at the port of entry / passport agency before they issue me his U.S. passport?

2. We plan to first travel there for one month and then return to live there. Will it be an issue that I will have two-way tickets or will they require me to travel on one way tickets only?

Please advise.

Thanks again.

1. No. No one expects you to have him registered for school before he gets here.

2. Not an issue. Your travel arrangements are irrelevant.

[immi378 0]

Thank You so very much!