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Alien Mother of U.S. Citizen Child

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  • 04-12-2010, 11:06 AM
    L3iD3
    Alien Mother of U.S. Citizen Child
    The situation is this:

    Mother is Brazilian, marrie the Father (US citizien) and give birth to a child in Brazil. The child gets the US citizenship through the Father. The family lived in Brazil for 5 years, until the parents divorced. The mother never requested the right of her green card while married.
    After separation father went back to USA, while child and mother stayed in Brazil.
    After a time, mother and child reunite with the father in the USA, so even as divorced parents they plan to live close to each to raise their child. Child is then enroled in the school.
    Later mother has to go back to her home country, because she finds out she cannot earn the right to stay.
    Duo to the child being enroled in the school, the child stayed with his father in the USA.
    When mother went back to Brazil, she found a new relationship and got married to a Brazilian citizen. The couple then enroled in a american university, applied for a F1/F2 visa in order to legally stay close to the child.

    Nowdays: Mother is strugguling financially to continue to stay, due to internationals tuitions wavers and not being able to work.

    Question: Can this mother do something to gain a permanent residence in order to keep this family together?

    Thank you
  • 04-13-2010, 08:00 PM
    Mr. Knowitall
    Re: Alien Mother of U.S. Citizen Child
    Does she qualify for any type of employment-based visa?
  • 04-16-2010, 12:53 PM
    L3iD3
    Re: Alien Mother of U.S. Citizen Child
    According to all that I've search. She does not.
  • 04-16-2010, 02:37 PM
    T53147
    Re: Alien Mother of U.S. Citizen Child
    When the child is age 21, he/she can file for the mother.

    It is well known that a young US citizen child does not give any benefit to a parent. The bigger issue is the international custody and visitation issues.
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