Child overstaying B2 visa to study?

[newacct 688]

OP, if you are still here, can you answer the question about whether it's her biological son and how she got her GC? Depending on the answers, the son might be able to just immigrate as her derivative beneficiary now, rather than have to be petitioned as F2A.

[the_fox 0]

Thank you for all the replies, especially those who gave unbiased answers with sources cited. I've been away for a while, so I apologize about the late reply, but here are the answers to questions that some were asking:

The mother got her GC through an older USC son who petitioned for both his parents. However, since that process has no derivative visa for his own brother (minor) to follow along with the parents, the choices are either 1) the parents come by themselves and leave the minor home alone (not an option, for obvious reasons) or 2) one parent comes and petitions for the other one as a LPR (in this case there IS a derivative visa for minors). So it's a sad situation, because the legal visa process is breaking the family apart (physically); the minor son would have to live apart from either mom or dad for a few years, and while this may be no big deal for some minors, it might be for others. I didn't know the law was the way it is, it sounds kind of absurd to me not to allow a minor to join a parent on an immigrant petition, but, it is what it is.

[Boiler 43,619]

Thank you for all the replies, especially those who gave unbiased answers with sources cited. I've been away for a while, so I apologize about the late reply, but here are the answers to questions that some were asking:

The mother got her GC through an older USC son who petitioned for both his parents. However, since that process has no derivative visa for his own brother (minor) to follow along with the parents, the choices are either 1) the parents come by themselves and leave the minor home alone (not an option, for obvious reasons) or 2) one parent comes and petitions for the other one as a LPR (in this case there IS a derivative visa for minors). So it's a sad situation, because the legal visa process is breaking the family apart (physically); the minor son would have to live apart from either mom or dad for a few years, and while this may be no big deal for some minors, it might be for others. I didn't know the law was the way it is, it sounds kind of absurd to me not to allow a minor to join a parent on an immigrant petition, but, it is what it is.

You missed the obvious option.

[Unlockable 7,306]

Thank you for all the replies, especially those who gave unbiased answers with sources cited. I've been away for a while, so I apologize about the late reply, but here are the answers to questions that some were asking:

The mother got her GC through an older USC son who petitioned for both his parents. However, since that process has no derivative visa for his own brother (minor) to follow along with the parents, the choices are either 1) the parents come by themselves and leave the minor home alone (not an option, for obvious reasons) or 2) one parent comes and petitions for the other one as a LPR (in this case there IS a derivative visa for minors). So it's a sad situation, because the legal visa process is breaking the family apart (physically); the minor son would have to live apart from either mom or dad for a few years, and while this may be no big deal for some minors, it might be for others. I didn't know the law was the way it is, it sounds kind of absurd to me not to allow a minor to join a parent on an immigrant petition, but, it is what it is.

The visa process isn't breaking the family apart. It is the decision of the parents to migrate to the US that is breaking the family apart. They could both easily remain in their country and continue raising their child together.

[the_fox 0]

The visa process isn't breaking the family apart. It is the decision of the parents to migrate to the US that is breaking the family apart. They could both easily remain in their country and continue raising their child together.

You are right. Actually I guess the mother has weighted her options, because I was told she decided to return back home and do exactly that.