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Longhorn Lawyer, Immigration Attorney
Category: Immigration Law
Positive Feedback: 97.3 %
Satisfied Customers: 5671
Experience: Experienced in all aspects of immigration and nationality law.
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I cannot get my foreign born child into the US because the

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I cannot get my foreign born child into the US because the embassy there states I must have tax forms and W2s for 5 years prior to the child's birth. This would be greater than 15 years ago and I do not have copies. Is there another option you know of?

Submitted: 1 year ago.
Category: Immigration Law
Expert:  Longhorn Lawyer replied 1 year ago.

Hello! Thank you for using Just Answer. I'm happy to answer your immigration questions, and will do my best to do so based on my expertise. Please note that while you are working with me, I also will be working with several other customers, so you may experience delays. Your questions WILL be answered in the order they are received; therefore, please be patient as we work through your questions.

Did you file tax returns during those years?

Customer: replied 1 year ago.

I am turning 38 this year. My child is turning 18 this year. They are asking for taxes for 5 years prior to the child's birth. That would mean I was 15 at the time. My first job was probably at age 15-16 but I probably did not file taxes for those jobs. I submitted paperwork showing that I was in school up until I was about 16.

Expert:  Longhorn Lawyer replied 1 year ago.

Let me confirm something - you were physically present in the US for at least 5 full years before the birth of your child? And of those 5 years, 2 full years were after your 14th birthday?

 

Do you have proof of this? Proof can include payment summaries, school transcripts, income tax filings, any passports used before the child's birth, etc. But remember, you have to have been in the US for 2 full years after the age of 14. So showing records that you were in school until age 16 does not necessarily show this. Of course vacations do not count against you, but living abroad somewhere will.

I hope I have answered your questions. Please click one of rating to let me know how much I've helped. This is the only way I will know if the information I've provided has been helpful, or if you need further clarification.

Keep in mind that we Experts are here to provide you with the most honest, accurate, and truthful information that we have available, even if it is not what you want to hear. If you need clarification, please do not leave negative feedback. Instead, please feel free to ask follow-up questions, and I will be happy to clarify things for you.

Also consider leaving a BONUS and some positive feedback - both are much appreciated.

Finally, if you have any future immigration or TSA related questions, put "TO LONGHORN LAWYER" in the subject line or the beginning of the question, or go directly to my profile to ask your questions: http://www.justanswer.com/law/expert-longhornlawyer

Thank you!

Customer: replied 1 year ago.

What do you mean by payment summaries? What else can I use? I was too young to be working and filing taxes. I moved to the US and became a citizen when I was 5 (1979). I have lived here my entire life except the one year I went out of the country and this child was conceived (1993-94). I was 19 at that time. I have been trying for over 5 years to get paperwork together and do this the right way, but do not know what else to do. My child will turn 18 in December and then I will not be able to bring him here as a citizen.

Expert:  Longhorn Lawyer replied 1 year ago.

Do you have any other records of any sort? Church records? Medical records? What did you do when you left school at 16 years old? What kind of evidence did you provide in the form of proof of going to school until the age of 16?

Also, if you are a US citizen, you can always petition for your son's green card to come to the US immediately, and then after 5 years he can become a US citizen. No this is not ideal, but if you can't show your physical presence in the US during those years, then your son will not have the proof required for the CRBA. And he is eligible for this type of benefit until he turns 21 years old.

I hope I have answered your questions. Please click one of rating to let me know how much I've helped. This is the only way I will know if the information I've provided has been helpful, or if you need further clarification.

Keep in mind that we Experts are here to provide you with the most honest, accurate, and truthful information that we have available, even if it is not what you want to hear. If you need clarification, please do not leave negative feedback. Instead, please feel free to ask follow-up questions, and I will be happy to clarify things for you.

Also consider leaving a BONUS and some positive feedback - both are much appreciated.

Finally, if you have any future immigration or TSA related questions, put "TO LONGHORN LAWYER" in the subject line or the beginning of the question, or go directly to my profile to ask your questions: http://www.justanswer.com/law/expert-longhornlawyer

Thank you!

Customer: replied 1 year ago.

Can you point me in the right direction to apply for the green card; websites, paperwork necessary, etc? I worked with a lawyer for almost 2 years who did all of our paperwork wrong and applied as though I were a resident rather than a citizen and we wasted a lot of time and money.

Also, are you saying that I have until he is 21 years old to apply for the CRBA and passport or the green card?

Thank you.

Customer: replied 1 year ago.

I believe I am still waiting for one more answer regarding how to get a green card and if it is true that I can try to get my child here up until his 21st birthday as a citizen not age 18.

Expert:  Longhorn Lawyer replied 1 year ago.

Sorry for the delay. I have been ahving technical difficulties.

First, you submit form I-130, Petition for Alien Relative. You both submit form G-325A (Biographic) with the I-130, and any supporting documents that you are the child's mother.

You can find the I-130 and its instructions here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCRD.

You can find the G-325A and instructions here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d7c84154d7b3d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD.

This gets processed by the USCIS, and then the National Visa Center, here in the US. You will be asked to provide an affidavit of support (I-864) and fee, and he will be required to submit the application for the immigrant visa (DS-230) and the fee, to the National Visa Center. Once approved, the I-130 petition and the immigrant visa application will go to the US consulate where he lives. He will be asked to undergo a medical examination and an interview. Upon approval, he will be eligible to travel to the US. Once he is granted entry, he will be given permanent resident status and issued a green card within a few weeks. 5 years later, he can naturalize.

He is eligible for this immediate benefit up until he turns 21 years of age.

Note that this should be the process of last resort, if you can't find any other way to prove your physical presence to get the CRBA. You should conatct an attorney in your area to help you compile evidence for this, as they can best see what you have, and what you can still get.

I hope I have answered your questions. Please click one of rating to let me know how much I've helped. This is the only way I will know if the information I've provided has been helpful, or if you need further clarification.

Keep in mind that we Experts are here to provide you with the most honest, accurate, and truthful information that we have available, even if it is not what you want to hear. If you need clarification, please do not leave negative feedback. Instead, please feel free to ask follow-up questions, and I will be happy to clarify things for you.

Also consider leaving a BONUS and some positive feedback - both are much appreciated.

Finally, if you have any future immigration or TSA related questions, put "TO LONGHORN LAWYER" in the subject line or the beginning of the question, or go directly to my profile to ask your questions: http://www.justanswer.com/law/expert-longhornlawyer

Thank you!


I hope I have answered your questions. Please remember to click the "ACCEPT" button, as this is the only way we Experts get credit for working on your questions.

Note that we Experts are here to provide you with the most honest, accurate, and truthful information that we have available, even if it is not what you want to hear. If you need clarification, please do not leave negative feedback. Instead, please feel free to ask follow-up questions, and I will be happy to answer them for you.

Also consider leaving me a BONUS and some positive feedback - both are much appreciated.

Finally, if you have any future immigration or TSA related questions, put [b ]"TO LONGHORN LAWYER" in the subject line or the beginning of the question, or go directly to my profile to ask your questions: http://www.justanswer.com/law/expert-longhornlawyer.

Thank you!

Longhorn Lawyer, Immigration Attorney
Category: Immigration Law
Positive Feedback: 97.3 %
Satisfied Customers: 5671
Experience: Experienced in all aspects of immigration and nationality law.
Longhorn Lawyer and 2 other Immigration Law Specialists are ready to help you

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