Single Parent w/Child, is this possible?

[MrViJou 0]

Hello,

I was just wondering if anyone had any advice on this. My eldest daughter became a US Citizen and said she could file to bring me to live in the US. I currently live in the UK.

Now I understand that she can only file for me (her mother), but not my 10 year old son (well she can, but since he is a sibling to her it would take ten plus years). If I gain a green card through my daughter, is it possible for me as a legal permanent resident to file for my son as an immediate relative? If so, how exactly does that work?

Would my son be able to stay in US with me while his filing is underway (is that an adjustment of status?), or would I have to leave him behind in UK (which I can't, because I'm a single parent) as I know to retain a green card you, of course, actually have to be resident in the country of issue for a majority of the time.

Is there any visa or precedent where my son could wait in the US with me until his filing comes through?

From what I read, a LPR can sponser a child under 21, but it seems to be a bit of a catch-22 in my case, I can't go without my child.

Thanks so much for any input!

[milimelo 4,502]

Daughter files for you, when you get IR5 visa, go activate it and file I-130 for minor child. Get I-131 - re-entry permit and then go back to UK until the child is scheduled for interview.

Child can visit in the US on VWP, can't live in the US - that's why you'd get I-131 to be with him.

[Hypnos 6,576]

That won't work, since the waiting time for F2A is about two years, and a re-entry permit will expire after two years, not to mention the issue of maintaining residency, which is likely going to be a factor should the OP fail to live in the US for any meaningful amount of time.

At some point the OP's child will have to be left with other relatives in the UK, at least for a few months, and possibly longer.

Edited January 10, 2015 by Hypnos

[milimelo 4,502]

That won't work, since the waiting time for F2A is about two years, and a re-entry permit will expire after two years, not to mention the issue of maintaining residency, which is likely going to be a factor should the OP fail to live in the US for any meaningful amount of time.

At some point the OP's child will have to be left with other relatives in the UK, at least for a few months, and possibly longer.

Plenty of folks are doing the same thing and successfully. I-131 can be renewed twice and she has good enough reason why she hasn't moved for USCIS/CBP - waiting for child's visa. She can come with child (VWP) over the summers/winter school breaks to work on establishing ties.

[Hypnos 6,576]

I'm not sold on it being an option for the reasons I mentioned above, but the OP doesn't have any others.