QUESTION
Can file a petition to bring my son here in US?
Asked on Sep 25th, 2015 on Immigration - California
More details to this question:
My husband is a US citizen and we got married. The problem is, I was in a fiancé visa and the UCIS denied the petition of my husband for me to get a green card. I don't know what to do. I have a son in Philippines and he is 11 years old. I want to bring him here so does my husband.
3 ANSWERS
An analysis of your situation, including eligibilities and options for both you and your son, requires significantly more information than was supplied in your question. This includes, among other things, a thorough understanding of the reason asserted by the USCIS for denial of the petition your U.S. citizen husband filed for you. There really is no alternative to conferring with an immigration attorney who, after learning all of the relevant information, could advise you about immigration eligibilities, options and strategies.
Answered on Oct 05th, 2015 at 4:40 PM
Civil Litigation Attorney serving New York, NY
at
Havens & Lichtenberg PLLC
Update Your Profile
You did not say why your husband's petition was denied; it is very important. Most often, denial of a spouse's petition means that USCIS does not believe that the marriage is real. Such determination carries brutal consequences, and you have to fight it, if necessary, all the way to the federal court. In any case, whatever the reason USCIS denied your husband's petition for you, it will equally apply to his petition for your son: if your marriage is fake, then the relationship between your husband and your son does not exist; if your husband is not eligible to petition the government for your immigration, then he is not eligible to sponsor your son; etc. And you cannot file a petition for your son because you have no status. In short, you should have an immigration attorney look at your case and figure out how to deal with the denial of your husband's petition for your green card. It has to be done as soon as possible because any legal action in this kind of situation has to be done within a very short period of time, usually, within 30 days from the date of the denial.
Answered on Sep 30th, 2015 at 8:54 PM
Intellectual Property Attorney serving Menlo Park, CA
at
Sheppard Mullin
Update Your Profile
your husband can certainly file immigrant visa petition for your child. The question is why CIS denied your application? If CIS thinks your marriage is not bona fide, your husband's petition for your son may also be denied. Consult a good lawyer for assistance.
Answered on Sep 29th, 2015 at 1:29 PM