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Advice needed in getting child from UK to USA

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  • Advice needed in getting child from UK to USA

    Any advice here would be appreciated. Here is my dilemna :

    I have 2 children in the UK from my previous marriage who are living with my ex-wife. I have a good relationship with my ex wife.

    I am now married to an American and am a permanent lawful resident.

    My eldest son who is 11 has been wanting to come and live with us here in the US for some time. My ex and I had agreed that it was in his best interest to stay in the UK with her. However - his behaviour has regressed to a point where now my ex and I believe that it would be best for him to come and live with us here in the US.

    Now - it's not parenting advice that I want - but immigration advice !

    We (and he) want him here ASAP. How should I go about this bearing in mind that making an appointment with a field office is a lottery at best.

    Should I get him on a plane here for a visit and just not let let him go back (applying for conditional residency etc while he's here) ? If we go this route would it not be perceived as lying to immigration officials and getting him here on false pretences.

    Should I get my ex to make appointments with the embassy in London to apply for whatever visas are necessary. If so - what visas should be applied for ?

    Does he currently need to apply for a visa solely to visit the US or is his passport sufficient. Is the visa waiver program between UK and US still in effect or has 'Homeland Security' changed all of this ?

    I am in a situation where my son needs to get here in a matter of weeks - not months. Any advice on the way forward would be appreciated.

  • #2
    The visa waiver program is still there. The ideal situation would be for your
    US citizen wife to file for your son's immigrant visa under the immediate family
    category (child-stepchild included- of a US citizen, no wait for a visa number) and he could wait for his visa processing at US consulate in UK.Since he cannot even wait a few months, he could come to US
    on the visa waiver(no visa, only the passport) and wait for the same process in US. Immediate relatives of US citizens can adjust status in US with some wait but he could be stopped at entry if he said he wanted to live for ever in US, when asked for the purpose of his visit at entry.I suggest you take the help of an attorney for processing in the US.

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