QUESTION

Visitor visa risks for mother of U.S.-citizen child seeking future IR-1?

Asked on Nov 15th, 2025 on Immigration - Virginia
More details to this question:
I am an Indian citizen & mother of a U.S.-citizen child born in the U.S. in 2018. both lived in India since then. The child’s father now U.S. citizen (earlier green card holder). Due to a circumstance, I may need to travel to U.S. with my child & want to understand safest immigration options. If I travel on B1/B2 visitor visa, what practical risks - can I stay till the time green card is processed, is re-entry guaranteed, can a visa be cancelled? allowed to rent long term housing or work remotely for my Indian job? Does having a pending family-based petition or a U.S.-citizen minor child offer any protection from removal while on a visitor visa? The father says he will sponsor an IR-1 spousal visa now that he is a U.S. citizen, but what if he does not follow through after I enter, What if he files for divorce while I am there on a visitor visa? Can IR1 process be done while I am in India? past marital disputes, separation, or complaints filed by him affect the Green card petition.?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
In coming to the US, you are making a representation that you are a temporary visitor. Bringing your US citizen child with you may raise doubts on whether you have the requisite nonimmigrant intent. Under the Trump administration, inspections at airports by CBP are becoming more rigorous, and there is the chance of being turned away. A number of individuals have also been detained for days and weeks. A US citizen minor child does not afford any protection against removal. Assuming that you are married to the US citizen, you can be sponsored even if you are overseas. At the end of the process, you would apply for an immigrant visa after interview at the American Consulate or Embassy, a process which is taking approximately two years. USCIS and the consular officer will look at the circumstances of your marriage to ensure that you still both intend to engage in a life together. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Nov 30th, 2025 at 7:32 PM

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