Will my LPR status affect my son’s travelling abilities?

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Will my LPR status affect my son’s travelling abilities?

I am a US LPR, have a wife and kid in Mexico,
we are separated married in Mx only and she
takes care of him.
Can she apply for my 1yr old son’s B1/B2 visa
so they can visit the US? Will my status make
it hard for them to travel? She has a B1/B2
visa already and have had no issues, also
properties, car, etc and a government job in
Mx.

Asked on May 11, 2017 under Immigration Law, Texas

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

They do need to disclose on the application the immigration status of any immediate relatives so they will need to disclose that the father of the child is a LPR and I am sure it will be presumed that they will be coming to the US to live with you and not that they will return to Mexico.  They can, of course, try to apply for the visitor's visa for the time being but they have to be prepared to present sufficient documentation of the fact that your wife is working or running a business in the US and that they do not have any plans at this time to immigrate (remain) in the US.  In the meantime, you can also petition for them so that they can obtain their immigrant visas and actually join you in the US as permanent residents.


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