QUESTION

Can I include my son's name who was born to divorced wife as dependent in my green card?

Asked on Jun 21st, 2016 on Immigration - New York
More details to this question:
I have obtained divorce decree from my wife. We have 5 year old son. I am planning to do initiate my green card processing in the US. At present, he is living with his mother and visa is not available for him. Kindly advise at what stage I could include my son's name. This is for EB1 to be initiated. Thanks.
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2 ANSWERS

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You should have always included your son's name on all of your documents. If you need to learn how to bring your son to the US, you need to consult with an Immigration attorney.
Answered on Jul 22nd, 2016 at 6:24 AM

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Usually, a child should be included in the application from the very beginning of the case. However, I must hedge my answer because it is not clear what you mean when you say "visa is not available" to your son. If he is not in a legal status at this time, you should consult an immigration attorney before filing any papers.
Answered on Jul 21st, 2016 at 6:13 PM

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