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GabiMatch

Bringing my nephew without any visas. Is it really possible?

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So my sister is a LPR and was deciding the best route to bring her 8 years old son to live with her since she just won his custody in Brazil.

On doing some investigation, we found some information on the website of the American Consulate in Rio that states that “minor Children of LPR in the United States are authorized to travel to the US without a visa or authorization letter as long as the parent have a valid green card”

Does anyone have better knowledge about this?

She is going to Brazil in February for his birthday and want to bring her son back with her!

Thank you!!!


02/14/2012 - Meet in person for the first time after talking online for over a year! :wub:

04/11/2012 - His first Visit to Brazil!!! (He was there twice).

09/12/2012 - Trip together to Cancun.

09/18/2012 - My First arrival/visit to United States (I visited about 4 to 6 times until my last arrival)

09/27/2016 - Last Arrival on B1/B2 Visa

02/01/2017 - MARRIED!!!

05/28/2017 - Package Sent

05/30/2017 - Package delivered 

06/09/2017 - Package returned (outdated I-130)

06/12/2017 - New package sent

06/14/2017 - New Package delivered

06/20/2017 - Check cashed

06/21/2017 - e-mails and texts received

06/24/2017 - Notice of action (Acceptance letter) received in the mail.

06/30/2017 - Biometrics appointment received in mail.

07/03/2017 - Biometrics done! (it was a successful walk in, my appointment was 07/10)

09/02/2017 - Service Request for EAD.

09/25/2017 - Call to tier 2 after no update on SR.

09/25/2017 - New Card Is Being Produced!!! (YAY)

09/30/2017 - EAD in hands!!!

04/08/2018 - Online Status Changed! - Interview Scheduled!!!

04/11/2018 - Inteview letter on the mail!

05/11/2018 - Interview at West Palm Beach field Office - Approved on spot!!!

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Filed: K-1 Visa Country: Wales
Timeline

Sounds like she is looking at the process for a new born.


“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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Filed: AOS (apr) Country: New Zealand
Timeline
7 hours ago, GabiMatch said:

So my sister is a LPR and was deciding the best route to bring her 8 years old son to live with her since she just won his custody in Brazil.

On doing some investigation, we found some information on the website of the American Consulate in Rio that states that “minor Children of LPR in the United States are authorized to travel to the US without a visa or authorization letter as long as the parent have a valid green card”

Does anyone have better knowledge about this?

She is going to Brazil in February for his birthday and want to bring her son back with her!

Thank you!!!

How did she get her green card?   Through marriage to a USC?

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Filed: Timeline
9 hours ago, GabiMatch said:

So my sister is a LPR and was deciding the best route to bring her 8 years old son to live with her since she just won his custody in Brazil.

On doing some investigation, we found some information on the website of the American Consulate in Rio that states that “minor Children of LPR in the United States are authorized to travel to the US without a visa or authorization letter as long as the parent have a valid green card”

Does anyone have better knowledge about this?

She is going to Brazil in February for his birthday and want to bring her son back with her!

Thank you!!!

This is most likely referring to the procedures in 22 CFR 42.1.   This part of the law only applies to

  • a child born after the issuance of an immigrant visa during the validity period of the visa (so, doesn't apply to this child), OR
  • a child born to the LPR during a temporary trip abroad, the entry into the US is within two years of the child's birth, and it is the first entry of the parent into the US since the birth of the child (so, doesn't apply to this child).

Your sister will have to file an I-130 to petition for an immigrant visa for her son.

Edited by jan22

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Filed: IR-1/CR-1 Visa Country: Brazil
Timeline
10 hours ago, GabiMatch said:

So my sister is a LPR and was deciding the best route to bring her 8 years old son to live with her since she just won his custody in Brazil.

She will need to file an I-130 petition for her son.  From filing the petition to the visa interview in Rio will take from 1-2 years, so she will not be able to bring him back with her in February of next year.  Good luck!

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