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Minor Son of US Citizen visiting US - Help!

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Hello All!

My son who is 13 is in the Philippines, wants to visit the US for 4 weeks as he is not prepared to stay for good. This will be his first time to visit the United States.

I was successful to get him an interview date for B1/B2 visa on 3/31, however, my brother and sister in law who act as his guardian are the ones to accompany him at the interview as I am in the US and unable to fly to the Philippines due to work.

My questions are:

1. What document should they show so that they let my brother and/or sister in law accompany him at the interview being a minor? Could I write a letter with my name signed stating that I am allowing my brother and his wife to accompany him at the interview and will this suffice?

2. Because I cannot come to pick him up my husband comes to the rescue and will fly to the Philippines to pick him up. I understand I need to acquire a Travel Clearance from DSWD for him authorizing my husband to take him out of the country. I am trying to find solutions should there be any problems as their tickets have been purchased, is there anything else besides the Travel Clearance?

I appreciate any help!

Thanks,

M


Naturalization

03/16/2011 - Package sent to Dallas, TX Lockbox

03/22/2011 - Check cashed

03/25/2011 - Received Notice of Acceptance letter

03/31/2011 - Received Biometrics Appointment letter

04/20/2011 - Biometrics Appointment done

04/26/2011 - Case forwarded to Local Office

04/30/2011 - Received Interview appointment letter

06/02/2011 - Interview in Albany Field Office -- successful

 

Petition for Sister in Kuwait

03/27/12 - Mailed I-130- Day 1

03/30/12- NOA1

04/04/12 - Cashed check

 

US Citizen since June 2nd 2011

1/19/2018 - Sent I-130 package for son in the Philippines

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Does the child have claims to US citizenship? You say that he is the child of a USC

good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Thanks, I am his mother and a US citizen but he has no claims to US citizenship, I had him prior to my US citizenship.


Naturalization

03/16/2011 - Package sent to Dallas, TX Lockbox

03/22/2011 - Check cashed

03/25/2011 - Received Notice of Acceptance letter

03/31/2011 - Received Biometrics Appointment letter

04/20/2011 - Biometrics Appointment done

04/26/2011 - Case forwarded to Local Office

04/30/2011 - Received Interview appointment letter

06/02/2011 - Interview in Albany Field Office -- successful

 

Petition for Sister in Kuwait

03/27/12 - Mailed I-130- Day 1

03/30/12- NOA1

04/04/12 - Cashed check

 

US Citizen since June 2nd 2011

1/19/2018 - Sent I-130 package for son in the Philippines

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Not a good idea to purchase tickets until you have visa in hand, are they refundable?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Hello All!

My son who is 13 is in the Philippines, wants to visit the US for 4 weeks as he is not prepared to stay for good. This will be his first time to visit the United States.

I was successful to get him an interview date for B1/B2 visa on 3/31, however, my brother and sister in law who act as his guardian are the ones to accompany him at the interview as I am in the US and unable to fly to the Philippines due to work.

My questions are:

1. What document should they show so that they let my brother and/or sister in law accompany him at the interview being a minor? Could I write a letter with my name signed stating that I am allowing my brother and his wife to accompany him at the interview and will this suffice?

2. Because I cannot come to pick him up my husband comes to the rescue and will fly to the Philippines to pick him up. I understand I need to acquire a Travel Clearance from DSWD for him authorizing my husband to take him out of the country. I am trying to find solutions should there be any problems as their tickets have been purchased, is there anything else besides the Travel Clearance?

I appreciate any help!

Thanks,

M

I doubt they will issue a B 2 to the child but I hope they do. What will you present to the embassy that will convince them he must return to the P I ? This will be the most important aspect. It would be very easy to just have him stay in the USA.

Buying the tickets in advance wasn't a good idea at all.

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Thank you for all your responses!

Well, I believe that his is a unique circumstance where the child and parent are trying to be together and I believe that the immigration officer could see that. While B2 is typically required to prove that he has ties in the Philippines and that he is not going to stay in the US illegally, he has legal rights to stay in the US with the proper adjustment of status procedures should he decide to stay. I am his mother and sole biological parent and his stepfather who is my husband - both US citizens.

We went with the B2 route because at the moment he doesn't know if he would like it in the US, its easier to file a petition once he likes it than file a petition and ends up not liking it and documents get complicated.

I understand that purchasing the ticket was a gamble for us but we are also pressed for time. His school comes back in session first week of June and of course would like to be back by then.

Thanks,

M


Naturalization

03/16/2011 - Package sent to Dallas, TX Lockbox

03/22/2011 - Check cashed

03/25/2011 - Received Notice of Acceptance letter

03/31/2011 - Received Biometrics Appointment letter

04/20/2011 - Biometrics Appointment done

04/26/2011 - Case forwarded to Local Office

04/30/2011 - Received Interview appointment letter

06/02/2011 - Interview in Albany Field Office -- successful

 

Petition for Sister in Kuwait

03/27/12 - Mailed I-130- Day 1

03/30/12- NOA1

04/04/12 - Cashed check

 

US Citizen since June 2nd 2011

1/19/2018 - Sent I-130 package for son in the Philippines

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Thank you for all your responses!

Well, I believe that his is a unique circumstance where the child and parent are trying to be together and I believe that the immigration officer could see that. While B2 is typically required to prove that he has ties in the Philippines and that he is not going to stay in the US illegally, he has legal rights to stay in the US with the proper adjustment of status procedures should he decide to stay. I am his mother and sole biological parent and his stepfather who is my husband - both US citizens.

We went with the B2 route because at the moment he doesn't know if he would like it in the US, its easier to file a petition once he likes it than file a petition and ends up not liking it and documents get complicated.

Exactly


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Thank you for all your responses!

Well, I believe that his is a unique circumstance where the child and parent are trying to be together and I believe that the immigration officer could see that. While B2 is typically required to prove that he has ties in the Philippines and that he is not going to stay in the US illegally, he has legal rights to stay in the US with the proper adjustment of status procedures should he decide to stay. I am his mother and sole biological parent and his stepfather who is my husband - both US citizens.

We went with the B2 route because at the moment he doesn't know if he would like it in the US, its easier to file a petition once he likes it than file a petition and ends up not liking it and documents get complicated.

I understand that purchasing the ticket was a gamble for us but we are also pressed for time. His school comes back in session first week of June and of course would like to be back by then.

Thanks,

M

buying a ticket with no visa yet is not a good idea. It takes a lot of paper works for a minor to fly here. U have to have authenticated documents from here for ur hubby to travel with ur son.so much documents needed thats why i ended up flying back to pick up my 2 minor kids ..less hassle .

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Thank you for all your responses!

Well, I believe that his is a unique circumstance where the child and parent are trying to be together and I believe that the immigration officer could see that. While B2 is typically required to prove that he has ties in the Philippines and that he is not going to stay in the US illegally, he has legal rights to stay in the US with the proper adjustment of status procedures should he decide to stay. I am his mother and sole biological parent and his stepfather who is my husband - both US citizens.

We went with the B2 route because at the moment he doesn't know if he would like it in the US, its easier to file a petition once he likes it than file a petition and ends up not liking it and documents get complicated.

I understand that purchasing the ticket was a gamble for us but we are also pressed for time. His school comes back in session first week of June and of course would like to be back by then.

Thanks,

M

The fact that you can adjust him is the reason he might not get a B-2. This right works against getting the B-2.

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Your son's case/visa approval will hinge on if it can be proven that he has strong ties in the Philippines that he will return. Here is a excerpt from: http://www.ustraveldocs.com/ph/ph-gen-faq.asp#qlistrefuse2 outlining what those strong ties are.

Q.2 How can an applicant prove "strong ties?" Strong ties differ from country to country, city to city, and individual to individual. Some examples of ties can be a job, a house, a family, a bank account. "Ties" are the various aspects of your life that bind you to your country of residence: your possessions, employment, social and family relationships. Imagine your own ties in the country where you live. Would a consular office of another country consider that you have a residence there that you do not intend to abandon? It is likely that the answer would be "yes" if you have a job, a family, if you own or rent a house or apartment, or if you have other commitments that would require you to return to your country at the conclusion of a visit abroad. Each person's situation is different. U.S. consular officers are aware of this diversity. During the visa interview they look at each application individually and consider professional, social, cultural and other factors. In cases of younger applicants who may not have had an opportunity to form many ties, consular officers may look at the applicants specific intentions, family situations, and long-range plans and prospects within his or her country of residence. Each case is examined individually and is accorded every consideration under the law.Q.2 How can an applicant prove "strong ties?"

Strong ties differ from country to country, city to city, and individual to individual. Some examples of ties can be a job, a house, a family, a bank account. "Ties" are the various aspects of your life that bind you to your country of residence: your possessions, employment, social and family relationships.

Imagine your own ties in the country where you live. Would a consular office of another country consider that you have a residence there that you do not intend to abandon? It is likely that the answer would be "yes" if you have a job, a family, if you own or rent a house or apartment, or if you have other commitments that would require you to return to your country at the conclusion of a visit abroad. Each person's situation is different.

U.S. consular officers are aware of this diversity. During the visa interview they look at each application individually and consider professional, social, cultural and other factors. In cases of younger applicants who may not have had an opportunity to form many ties, consular officers may look at the applicants specific intentions, family situations, and long-range plans and prospects within his or her country of residence. Each case is examined individually and is accorded every consideration under the law.

Edited by Greenbaum

Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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A minor living in the Philippines with a USC mother in the USA would have a seriously tough time proving strong ties to the Philippines. It would take something like he is a child actor on a popular Philippine TV show, all of which will be gone if he does not return to the Philippines, to make a strong case for that.

Why else would he want to leave the USA and his mother's arms and support to return to the Philippines? He would have to convince a consular officer of that fact to make this happen.

Every alien who applies for a non immigrant US visa has to overcome a presumption of intention to immigrate to get approved for a visa.

Other fact patterns that may fly:

1. He lives with his father, who is well monied and plans to send him to a prestigious university in the Philippines, which opportunity would be lost if he does not return.

2. A relative runs a successful business in the Philippines, your son works there, and he is on track to becoming a high level manager and the owner some day.

Things adults use like a good job, having kids there, owning a house there, just don't work with a child.

Do you see the problem now? Good luck to you.

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Thank you for all your responses!

Well, I believe that his is a unique circumstance where the child and parent are trying to be together and I believe that the immigration officer could see that. While B2 is typically required to prove that he has ties in the Philippines and that he is not going to stay in the US illegally, he has legal rights to stay in the US with the proper adjustment of status procedures should he decide to stay. I am his mother and sole biological parent and his stepfather who is my husband - both US citizens.

We went with the B2 route because at the moment he doesn't know if he would like it in the US, its easier to file a petition once he likes it than file a petition and ends up not liking it and documents get complicated.

I understand that purchasing the ticket was a gamble for us but we are also pressed for time. His school comes back in session first week of June and of course would like to be back by then.

Thanks,

M

All you can really do is try and pray for lady luck to be on your side. Keep us posted!

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