US Citizen mother wants to take her children to US

[sahra30]

Hello everyone

I really appreciate your help in advance. I am a 33-year old US Citizen mother (born in the US). I left US when I was 7, and traveled to US only twice since then (I have lived in another country all these years).

I have two boys. One is nine years old (autistic and in need of attention), and the second one is 18 months (still breastfeeding). I need to go to US within a month (and I intend to take my children with me to eventually live there). I have asked the person working in the embassy about my situation, and he said that I need to leave the children here for a while, visit US by myself, and then apply for their passport.

Since I need to go to US within a month, there is no way I can leave the little one (even if it's just two days). But I can leave the older one for 2-3 months and apply for him as soon as I get to US (if it makes things easier).

Can please someone help me what to do? Is there a visa I can get to take the little one with me right now?

Thank you very very much.

[iuy87]

Hello everyone

I really appreciate your help in advance. I am a 33-year old US Citizen mother (born in the US). I left US when I was 7, and traveled to US only twice since then (I have lived in another country all these years).

I have two boys. One is nine years old (autistic and in need of attention), and the second one is 18 months (still breastfeeding). I need to go to US within a month (and I intend to take my children with me to eventually live there). I have asked the person working in the embassy about my situation, and he said that I need to leave the children here for a while, visit US by myself, and then apply for their passport.

Since I need to go to US within a month, there is no way I can leave the little one (even if it's just two days). But I can leave the older one for 2-3 months and apply for him as soon as I get to US (if it makes things easier).

Can please someone help me what to do? Is there a visa I can get to take the little one with me right now?

Thank you very very much.

ur children don't have any passport?? if they do have passport u should apply for visiting visa for them. but that will take sometime also. these process take time! US embassy is right ur only choice is to leave ur children because of ur delinquency. when u come back apply for i485 for them before they reach 17. because u have been living outside of the US for some I'm assuming u didn't pay any US tax. so will need a joint sponsor.

[sahra30]

Thank you very much for your reply. My children have their current resident passport, but no US passport.

So can I leave them for two weeks, go to US, pay tax, and apply for their US passport? Is it possible,or should I wait for sometime to be eligible to apply for their passport? I guess passport would be easier than visa. Am I right?

[VNK]

Thank you very much for your reply. My children have their current resident passport, but no US passport.

So can I leave them for two weeks, go to US, pay tax, and apply for their US passport? Is it possible,or should I wait for sometime to be eligible to apply for their passport? I guess passport would be easier than visa. Am I right?

Your children are not US citizens. You do not meet the residency requirement to pass US citizenship on to your children. They do not qualify for US passports. You can not apply for US passports for them.

You need to file I-130s for your kids and get them immigration visas. When they arrive in the US on immigration visas, then they automatically become US citizens. Then, you can get US passports for them.

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ur children don't have any passport?? if they do have passport u should apply for visiting visa for them. but that will take sometime also. these process take time! US embassy is right ur only choice is to leave ur children because of ur delinquency. when u come back apply for i485 for them before they reach 17. because u have been living outside of the US for some I'm assuming u didn't pay any US tax. so will need a joint sponsor.

You are advising her to commit immigration fraud. It's illegal to enter the US on visitor visas with the intent to immigrate.

[iuy87]

Your children are not US citizens. You do not meet the residency requirement to pass US citizenship on to your children. They do not qualify for US passports. You can not apply for US passports for them.

You need to file I-130s for your kids and get them immigration visas. When they arrive in the US on immigration visas, then they automatically become US citizens. Then, you can get US passports for them.

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You are advising her to commit immigration fraud. It's illegal to enter the US on visitor visas with the intent to immigrate.

how is that immigration fraud? she said she want the kids to travel with her, so the only way for them to enter the quickest is through visiting visa...im assuming they will only be spending a couple days. even getting a visiting visa takes couple weeks to months to get.
i don't think they become citizen automatically without submitting any paper work

[LawOfficePH]

This is going to be a complex, but doable process. I would suggest sitting down with an immigration attorney who, at the very least, can explain the various forms, visas, timelines, fees, etc that will be involved.