Get Legal Help Today
Secured with SHA-256 Encryption
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 5 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.