fwmacias Posted October 16, 2013 Report Posted October 16, 2013 Good morning everyone I have a 15 y/o boy that recently came to the US on a B1/B2 visa to live with me, I am a H1B visa holder and the rest of my family -wife and 2 other kids are H4. We are all Ecuadorian citizens. Is it possible that my son change his visa status to H4 as the rest of my family without him having to return to our home country while he stays in the US. His permission to stay in the US expires in March 2014 so I hope to be able to change his status before the expiration. I consulted a lawyer who told me that he needs to go back to Ecuador and apply to H4 at the American Consulate and I wish to avoid that if possible. Thank you in advance for your answers.
pontevecchio Posted October 16, 2013 Report Posted October 16, 2013 You did get legal advise. Why did he not come here in H4 status? What exactly are you trying to avoid?
fwmacias Posted October 16, 2013 Author Report Posted October 16, 2013 Thank you for your answer. I am trying to avoid him the need to return to my home country to do the process and I want to know if I can do it while he is here living with me. The lawyer told me he has to go back and I need to either confirm that is the only way to do it or if in your professional opinion it can be done here in the US. He came on B1/B2 just because he planned to stay for a visit only but while being here decided he wants to stay. Thanks again
pontevecchio Posted October 16, 2013 Report Posted October 16, 2013 He is your third kid? right?. Secondly I am not a Lawyer. You do know this is a forum?. I have no idea as to your situation. But I will not second guess a Lawyer who obviously knows the facts. The boy could have got an H4 visa and come over and that did not compel him to stay. How old is your boy?
fwmacias Posted October 17, 2013 Author Report Posted October 17, 2013 He is my first kid but he stayed in my country, now he is 15 years old and he was living with my ex-wife while I was here in the US. He decided to visit me and during the visit told me that he wanted to stay. I want him to stay and do the application for H4 before the expiration of his legal stay. Is that possible? thanks
pontevecchio Posted October 17, 2013 Report Posted October 17, 2013 Tell your Lawyer that you want him to file a COS to H4 for the boy and if denied the boy can leave and come back with the H4 visa. You are complicating things. You have a complex situation. Do not depend on the forum. If you want get a second opinion from another Lawyer. Best of luck to you both.
Tjgarla Posted October 26, 2013 Report Posted October 26, 2013 B1 to h4 is am easy process . Contact the attorney with all the correct documents . I am sure u can do a premium processing
pontevecchio Posted October 27, 2013 Report Posted October 27, 2013 A little knowledge is dangerous. Firstly there is no PP for a COS to H4. Secondly the situation involves children with different parents. Thirdly a Lawyer told them to have the boy get a h4 VISA.I am sure there are other complications involved in the situation . The OP may consider getting a second opinion.
jairichi Posted October 27, 2013 Report Posted October 27, 2013 B1 to h4 is am easy process . Contact the attorney with all the correct documents . I am sure u can do a premium processing I believe there is no premium processing for H4
JoeF Posted October 28, 2013 Report Posted October 28, 2013 Hmm, there may be a whole different can of worms. Who has custody of the child? If it is the ex-wife, then the OP can not just file an H4 for the child. That would amount to international child abduction.
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