Sponsoring a child that one did not claim when immigrated years ago

[knghcm 0]

A Vietnamese friend of mine immigrated to the United States many years ago, but she left her child behind in Vietnam and did not claim that she had a son when she came here. Now she's already gotten her green card, and she wants to claim that child (now college-aged) as her son so that he could get permanent resident status to live and study here in Phoenix. She's afraid that such a claim (which contradicts the no-children claim she made years ago) would jeopardize her permanent resident status.

Does anyone have any idea what she should do in this case? Who should we talk to in the Phoenix area? I tried to read the Visajourney guide on sponsoring one's child as a permanent resident, but no mention on her particular issues. The child plans to start college in the United States next fall (08-09/2013).

[RICARDO4EVA2 194]

Tell her to continue her claim to be without child perhaps her best option

[Shiobhan 235]

He should not plan to go to school here via his mom and she should let sleeping dogs lie, unless she wants her GC revoked and the inability to applly for citizenship

not judging but how does a mom not claim her child? these things comes back to haunt a person.

[aaron2020 11,651]

A Vietnamese friend of mine immigrated to the United States many years ago, but she left her child behind in Vietnam and did not claim that she had a son when she came here. Now she's already gotten her green card, and she wants to claim that child (now college-aged) as her son so that he could get permanent resident status to live and study here in Phoenix. She's afraid that such a claim (which contradicts the no-children claim she made years ago) would jeopardize her permanent resident status.

Does anyone have any idea what she should do in this case? Who should we talk to in the Phoenix area? I tried to read the Visajourney guide on sponsoring one's child as a permanent resident, but no mention on her particular issues. The child plans to start college in the United States next fall (08-09/2013).

This is not a problem. It is not a material misrepresentation. Having a child does not disqualify ANYONE from being eligible for a visa when petitioned by a family member. She can file normally like everyone else.

The child will not be here by August/September of 2013. It takes 2-3 years for an LPR to petition for an unmarried child under 21. If the child turns 21 during the wait, it will take 8 years.

[aaron2020 11,651]

Tell her to continue her claim to be without child perhaps her best option

This is incorrect.

He should not plan to go to school here via his mom and she should let sleeping dogs lie, unless she wants her GC revoked and the inability to applly for citizenship

not judging but how does a mom not claim her child? these things comes back to haunt a person.

This is incorrect.

Why would this be a material misrepresentation????? When does having a child disqualify any beneficiary from getting a visa? Hiding this fact is immaterial because it does not affect qualification for an immigration visa. Having a child and not claiming him does not affect qualification for a visa, so the misrepresentation is immaterial.

[Penguin_ie 5,994]

They wil give her a hard time about it but yes, she can petition for him.

[ceadsearc 516]

They wil give her a hard time about it but yes, she can petition for him.

This. Hopefully she doesn't have anything else shady going on because I am sure USCIS will be looking extra-closely at her case. I also wouldn't be surprised if a DNA test was requested.

[knghcm 0]

Thank you all for your helpful replies. I'm spending Christmas break with her so I will help her explore her options. I do not exactly know why she did not claim him when she came to the States (nor in which form did she not do so), but I'm sure she had her reasons. So far I have contacted the Arizona State University Immigration Clinic and get a few immigration lawyer referrals from them, as well as an appointment with one of the local immigration organizations next week. Do you guys think we need to get lawyers involved given her complicated and unique situation?

The child is already passed 21, and wow I did not know that it would take that long for a LPR to claim an above-21 child (would things change if she's a US citizen?) If that's the case, he might have to attend college in the States as a F-1 visa student, but I'm not so sure what would happen after that. Should she apply concurrently for sponsorship when he's here as an international student? This is very confusing for both of us, so I'm starting to think that we need the help of an immigration attorney. Again, tell me what you think.

[aaron2020 11,651]

Thank you all for your helpful replies. I'm spending Christmas break with her so I will help her explore her options. I do not exactly know why she did not claim him when she came to the States (nor in which form did she not do so), but I'm sure she had her reasons. So far I have contacted the Arizona State University Immigration Clinic and get a few immigration lawyer referrals from them, as well as an appointment with one of the local immigration organizations next week. Do you guys think we need to get lawyers involved given her complicated and unique situation? This is neither complicated or unique. She is fine. She does not need a lawyer.

The child is already passed 21, and wow I did not know that it would take that long for a LPR to claim an above-21 child (would things change if she's a US citizen?) Not really. It takes 8 years for an LPR to petition for an unmarried child. BE CAREFUL - the beneficiary getting marry while the mother is an LPR means the petition is automatically withdrawn (i.e., dead, fin, ended, no visa, etc.). If she becomes a US citizen, the wait is 7 years. Furthermore, it will take her 5 years to become a US citizen (3 if the mother is married to a US citizen). If that's the case, he might have to attend college in the States as a F-1 visa student, but I'm not so sure what would happen after that. Should she apply concurrently for sponsorship when he's here as an international student? Mother can apply whenever she wants. However, one of the requirements for a student visa is that the applicant must have a home to return to in Vietnam and intends to return. It also costs $20,000 to $45,000 per year. The daughter cannot get financial aid. It has to be cash in the bank. An F-1 student visa is not going to happen unless mom is rich. This is very confusing for both of us, so I'm starting to think that we need the help of an immigration attorney. Again, tell me what you think.

[knghcm 0]

Thank you for your answer. Her son is planning to attend a community college here, and the tuition is about $10000/year last I checked. That's obviously a big burden on her and I hope she could find some way to take care of that. Also, his living with her will hopefully defray some of the cost of living so that they could get by.

About the marriage thing, if he came here on an F-1 student visa while his mother were in the midst of petition, and he had married a US citizen, could he use this marriage to petition for a green card? I understand that the mother-son petition will be void but does that mean he can't petition any type of visa at all?

Their main goal right now is for them to reunite (after close to two decades) and for him to attend a college in the US, so I'm just wondering what their options are.

Edited December 15, 2012 by knghcm

[Boiler 45,661]

What is it about the Community College course in the US that is so attractive?

Why did she lie, you need to find that out as well.

[ceadsearc 516]

They would also need to prove they can afford room and board here. Unfortunately, "they will live with me" is often not enough. They often want to see that the student could afford to live, eat, etc. here on their own if necessary which is what makes these visas so costly.

[Boiler 45,661]

The issue here is that a F1 is a non immigrant visa, and if the applicant is seen as looking to do it on the cheap for no obvious educational reasons a denial will be the result.

On what has been posted so far, education seems to be the secondary reason.

[aaron2020 11,651]

Thank you for your answer. Her son is planning to attend a community college here, and the tuition is about $10000/year last I checked. That's obviously a big burden on her and I hope she could find some way to take care of that. Also, his living with her will hopefully defray some of the cost of living so that they could get by.

About the marriage thing, if he came here on an F-1 student visa while his mother were in the midst of petition, and he had married a US citizen, could he use this marriage to petition for a green card? I understand that the mother-son petition will be void but does that mean he can't petition any type of visa at all?

Their main goal right now is for them to reunite (after close to two decades) and for him to attend a college in the US, so I'm just wondering what their options are.

Does she have $18,000 in cash sitting in a bank? If not, then there is no possibility of a student visa.

They would also need to prove they can afford room and board here. Unfortunately, "they will live with me" is often not enough. They often want to see that the student could afford to live, eat, etc. here on their own if necessary which is what makes these visas so costly.

Ceadsearc is correct. It is not only tuition. You need to prove that the prospective student has funds for room and board. Living with family does not lower the required amount; the student must still show he has money for room and board.

I know this because my niece is here from Vietnam on a student visa attending a community college in San Diego. She had to show sufficient funds for room and board even though she is living with me for free.

From Miramar Community College in San Diego; http://www.sdmiramar.edu/sites/default/files/documents/international/International_Student_Application.pdf

International Student Application

Estimated Cost of Attendance

The estimated cost of attendance is $18,000 per academic year.

SECTION 2: FINANCIAL RESOURCES

Financial Resources and Estimated Expenses

The estimated cost of attendance for one academic year is $18,000. You must submit proof of sufficient

financial support while you are attending school. Only funds on deposit in a checking or savings account

can be accepted. Stocks, annuities, Certificates of Deposit and/or real property, etc, are not acceptable.

The estimates provided are based on the applicant being single with no dependents. Include adequate

funds for support of any dependents coming with you to the United States. Funds must be listed in U.S.

dollars. Forms with funds not listed in U.S. dollars will be denied.

There are 2 parts to this section: 1) Bank Certification and 2) Sponsor Support Verification. You must

submit financial verification showing you have sufficient funds of at least $18,000 U.S. dollars per academic

year. The total amount is required if someone else is providing your room and board. Incomplete,

incorrect or missing information will delay or prevent acceptance. Note that fees are subject to change at

any time.

Edited December 15, 2012 by aaron2020