Stepdaughter bringing son to U.S. as LPR (F2A?)

[leeen21 27]

I filed an I-130 petition for an IR-2 visa for my stepdaughter (age 17 at the time I married her dad, now 18). It was just approved, along with her dad's (CR-1) and two younger sisters' (IR-2).

 

She has a son who will be 1 year old in February - she is listed as a single mom on his birth certificate, but has a supportive mom and oldest sister who can assist with childcare. I know that as an IR-2 visa applicant, she cannot include her son as a derivative on her application for the visa. Our understanding is that the path would be for her to (hopefully) receive her IR-2 visa, enter POE, and receive her green card. At that point, as an LPR, she could file an F-2A visa for her son. Are we correct in that?

 

Clearly, being away from such a young child is not ideal. We live on the border (me in the U.S., them in Mexico) so our commute to each other is only about 45 minutes. She would like to begin working in the U.S. and maintain a residence with us (me, spouse, and her two younger sisters/my SDs), pay her U.S. income taxes, but also travel back to see her son/spend the night with him as frequently as possible while going through the F-2A visa process).

 

After reading through USCIS policy manual for not abandoning status, I feel torn about the phrasing around "frequent visits." For us, living on the border, I travel into Mexico several times a week. When my spouse + stepdaughters immigrate, we plan to visit Mexico probably at least two weekends a month for the girls to see their mom and oldest sister. Those trips would likely be in and out the same day, or include one overnight stay. And I know that the 18-yr-old SD will want to visit as frequently as possible to see her son.

 

Thoughts on this? When the time comes, what can we do to help my stepdaughter bring her son to the U.S./minimize time away from him without abandoning status?

 

 

 

 

[nastra30 2,288]

7 minutes ago, leeen21 said:

Our understanding is that the path would be for her to (hopefully) receive her IR-2 visa, enter POE, and receive her green card. At that point, as an LPR, she could file an F-2A visa for her son. Are we correct in that? - Yes, you are correct.

 

 

[nastra30 2,288]

Also, from what you've stated, it appears to me that she will be mostly domiciled in the US so I don't see an issue. However, CBP could end up questioning her frequent back and forth on Greencard to and from Mexico. TBH, I'm not too familiar with the intricacies of border towns between US and Mexico, so I leave this to others with more knowledge to chime in.

 

However, another option for step-daughter is after becoming a LPR, she can apply for a re-entry permit (and after completing biometrics) depart the US to be with son in Mexico until son gets his immigrant visa.

[leeen21 27]

8 minutes ago, nastra30 said:

TBH, I'm not too familiar with the intricacies of border towns between US and Mexico, so I leave this to others with more knowledge to chime in.

Yeah, I'm hoping some other border residents see this. There's a very fluid back and forth along the border that, at times, makes it feel like one city, but then at the same time, a river causes so much divide. I do know that because we live in the "border zone," many Mexican nationals with tourist visas just use their border crossing cards and never even have to deal with I-94s unless they go up past the second "crossing" that's about 85 miles up.

 

8 minutes ago, nastra30 said:

However, another option for step-daughter is after becoming a LPR, she can apply for a re-entry permit (and after completing biometrics) depart the US to be with son in Mexico until son gets his immigrant visa.

Thanks, that is something to consider as well.

Edited November 16, 2022 by leeen21
Misspoke about distance from border for I-94 to be required