Underage Son

My brother is Green Card Holder he petition her Wife and Son now the Visa is Approved the Wife will not come to US anymore. My question is can my Brother still get his Son without the Mother?

Asked on November 23, 2016 under Immigration Law, Nevada


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

probably not.  He would need to petition for the son separately unless the wife would be able to get the visa and bring the son to the US and then go back.  The child's visa is derivative of the wife/mother so if the mother does not get the visa neither will the child unless the child is petitioned separately.

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