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Green card holder bringing child to US to live. Any issues with a one way ticket?
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Is a US Green Card holder able to travel with their underage child from Canada to the United States to live? They will have a passport, birth certificate, and travel consent letter by the Canadian parent. Also, the US Green Card holder would be accompanying the minor. The Green Card holder would start the immigration process for the child once they are here.
I'm mainly concerned if the child would be stopped at the US border if they only have a one way ticket and it's in the middle of the school year.
customs-and-immigration
asked 2 hours ago
Wario X
1084
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Wario X is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
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up vote
1
down vote
favorite
Is a US Green Card holder able to travel with their underage child from Canada to the United States to live? They will have a passport, birth certificate, and travel consent letter by the Canadian parent. Also, the US Green Card holder would be accompanying the minor. The Green Card holder would start the immigration process for the child once they are here.
I'm mainly concerned if the child would be stopped at the US border if they only have a one way ticket and it's in the middle of the school year.
customs-and-immigration
asked 2 hours ago
Wario X
1084
New contributor
Wario X is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
1
Does the child have the necessary documents to prove they have permission to live in the US?
– DJClayworth
1 hour ago
What travel documents will the child have?
– Zach Lipton
1 hour ago
Travel Documents: Passport, birth papers, and a permission letter from the Canadian parent. The immigration process would start once the child is in the US.
– Wario X
1 hour ago
3
It seems like it would be a good idea to consult an immigration lawyer before bringing the child to the US, in which case you could ask them this question at the same time.
– Nate Eldredge
1 hour ago
2
It is a violation of the spirit of immigration law. According to US immigration law you should not have preconceived intent of migrating when coming on a non immigrant visa or ESTA or anything of the sort except for specific visas that allow dual intent. I don’t think a child will be charged with immigration intent however it is a disqualifying designation for adjusting status for an adult. nafsa.org/Professional_Resources/Browse_by_Interest/…
– Honorary World Citizen
1 hour ago
 |Â
show 1 more comment
up vote
1
down vote
favorite
up vote
1
down vote
favorite
Is a US Green Card holder able to travel with their underage child from Canada to the United States to live? They will have a passport, birth certificate, and travel consent letter by the Canadian parent. Also, the US Green Card holder would be accompanying the minor. The Green Card holder would start the immigration process for the child once they are here.
I'm mainly concerned if the child would be stopped at the US border if they only have a one way ticket and it's in the middle of the school year.
customs-and-immigration
asked 2 hours ago
Wario X
1084
New contributor
Wario X is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
Is a US Green Card holder able to travel with their underage child from Canada to the United States to live? They will have a passport, birth certificate, and travel consent letter by the Canadian parent. Also, the US Green Card holder would be accompanying the minor. The Green Card holder would start the immigration process for the child once they are here.
I'm mainly concerned if the child would be stopped at the US border if they only have a one way ticket and it's in the middle of the school year.
customs-and-immigration
customs-and-immigration
asked 2 hours ago
Wario X
1084
New contributor
Wario X is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
asked 2 hours ago
Wario X
1084
New contributor
Wario X is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
edited 1 hour ago
asked 2 hours ago
Wario X
1084
New contributor
Wario X is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
asked 2 hours ago
Wario X
1084
asked 2 hours ago
Wario X
1084
1084
New contributor
Wario X is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
New contributor
Wario X is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
Wario X is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
1
Does the child have the necessary documents to prove they have permission to live in the US?
– DJClayworth
1 hour ago
What travel documents will the child have?
– Zach Lipton
1 hour ago
Travel Documents: Passport, birth papers, and a permission letter from the Canadian parent. The immigration process would start once the child is in the US.
– Wario X
1 hour ago
3
It seems like it would be a good idea to consult an immigration lawyer before bringing the child to the US, in which case you could ask them this question at the same time.
– Nate Eldredge
1 hour ago
2
It is a violation of the spirit of immigration law. According to US immigration law you should not have preconceived intent of migrating when coming on a non immigrant visa or ESTA or anything of the sort except for specific visas that allow dual intent. I don’t think a child will be charged with immigration intent however it is a disqualifying designation for adjusting status for an adult. nafsa.org/Professional_Resources/Browse_by_Interest/…
– Honorary World Citizen
1 hour ago
 |Â
show 1 more comment
1
Does the child have the necessary documents to prove they have permission to live in the US?
– DJClayworth
1 hour ago
What travel documents will the child have?
– Zach Lipton
1 hour ago
Travel Documents: Passport, birth papers, and a permission letter from the Canadian parent. The immigration process would start once the child is in the US.
– Wario X
1 hour ago
3
It seems like it would be a good idea to consult an immigration lawyer before bringing the child to the US, in which case you could ask them this question at the same time.
– Nate Eldredge
1 hour ago
2
It is a violation of the spirit of immigration law. According to US immigration law you should not have preconceived intent of migrating when coming on a non immigrant visa or ESTA or anything of the sort except for specific visas that allow dual intent. I don’t think a child will be charged with immigration intent however it is a disqualifying designation for adjusting status for an adult. nafsa.org/Professional_Resources/Browse_by_Interest/…
– Honorary World Citizen
1 hour ago
1
1
Does the child have the necessary documents to prove they have permission to live in the US?
– DJClayworth
1 hour ago
Does the child have the necessary documents to prove they have permission to live in the US?
– DJClayworth
1 hour ago
What travel documents will the child have?
– Zach Lipton
1 hour ago
What travel documents will the child have?
– Zach Lipton
1 hour ago
Travel Documents: Passport, birth papers, and a permission letter from the Canadian parent. The immigration process would start once the child is in the US.
– Wario X
1 hour ago
Travel Documents: Passport, birth papers, and a permission letter from the Canadian parent. The immigration process would start once the child is in the US.
– Wario X
1 hour ago
3
3
It seems like it would be a good idea to consult an immigration lawyer before bringing the child to the US, in which case you could ask them this question at the same time.
– Nate Eldredge
1 hour ago
It seems like it would be a good idea to consult an immigration lawyer before bringing the child to the US, in which case you could ask them this question at the same time.
– Nate Eldredge
1 hour ago
2
2
It is a violation of the spirit of immigration law. According to US immigration law you should not have preconceived intent of migrating when coming on a non immigrant visa or ESTA or anything of the sort except for specific visas that allow dual intent. I don’t think a child will be charged with immigration intent however it is a disqualifying designation for adjusting status for an adult. nafsa.org/Professional_Resources/Browse_by_Interest/…
– Honorary World Citizen
1 hour ago
It is a violation of the spirit of immigration law. According to US immigration law you should not have preconceived intent of migrating when coming on a non immigrant visa or ESTA or anything of the sort except for specific visas that allow dual intent. I don’t think a child will be charged with immigration intent however it is a disqualifying designation for adjusting status for an adult. nafsa.org/Professional_Resources/Browse_by_Interest/…
– Honorary World Citizen
1 hour ago
 |Â
show 1 more comment
1 Answer
1
active
oldest
votes
up vote
5
down vote
accepted
I wholeheartedly agree with Nate Eldridge that the best thing to do is to seek the advice of an immigration lawyer before doing this. However let me give you my understanding, having recently had a relative go through something very similar.
If you say at immigration that the child is coming to live with you, and you have no papers proving that they have a visa that allows them to do so, then you run the serious risk that they will be turned away at the border, and that you have an entry on your record saying that you attempted to facilitate an illegal entry into the US.
On the other hand, if the child comes to visit you for the amount of time that they are legally allowed to do without a visa, that is perfectly fine. If you then change your mind and apply for a change of status while they are there, so the child can stay with you permanently, that is also fine. However to back up your statement that they are coming to visit you, you should have a plan to return the child where they came from before the allowed time is up. A return ticket would be good evidence of that, though it may not be necessary if you have other evidence. You might want to plan for schooling the child during a temporary visit, in order to demonstrate you have thought about it. If immigration suspects that you are bringing the child specifically to live with you, that would be a problem, and might get you the same penalties as above.
But really, a lawyer would give you a much better answer on this.
answered 1 hour ago
DJClayworth
31.1k578115
add a comment |Â
1 Answer
1
active
oldest
votes
1 Answer
1
active
oldest
votes
active
oldest
votes
active
oldest
votes
up vote
5
down vote
accepted
I wholeheartedly agree with Nate Eldridge that the best thing to do is to seek the advice of an immigration lawyer before doing this. However let me give you my understanding, having recently had a relative go through something very similar.
If you say at immigration that the child is coming to live with you, and you have no papers proving that they have a visa that allows them to do so, then you run the serious risk that they will be turned away at the border, and that you have an entry on your record saying that you attempted to facilitate an illegal entry into the US.
On the other hand, if the child comes to visit you for the amount of time that they are legally allowed to do without a visa, that is perfectly fine. If you then change your mind and apply for a change of status while they are there, so the child can stay with you permanently, that is also fine. However to back up your statement that they are coming to visit you, you should have a plan to return the child where they came from before the allowed time is up. A return ticket would be good evidence of that, though it may not be necessary if you have other evidence. You might want to plan for schooling the child during a temporary visit, in order to demonstrate you have thought about it. If immigration suspects that you are bringing the child specifically to live with you, that would be a problem, and might get you the same penalties as above.
But really, a lawyer would give you a much better answer on this.
answered 1 hour ago
DJClayworth
31.1k578115
add a comment |Â
up vote
5
down vote
accepted
I wholeheartedly agree with Nate Eldridge that the best thing to do is to seek the advice of an immigration lawyer before doing this. However let me give you my understanding, having recently had a relative go through something very similar.
If you say at immigration that the child is coming to live with you, and you have no papers proving that they have a visa that allows them to do so, then you run the serious risk that they will be turned away at the border, and that you have an entry on your record saying that you attempted to facilitate an illegal entry into the US.
On the other hand, if the child comes to visit you for the amount of time that they are legally allowed to do without a visa, that is perfectly fine. If you then change your mind and apply for a change of status while they are there, so the child can stay with you permanently, that is also fine. However to back up your statement that they are coming to visit you, you should have a plan to return the child where they came from before the allowed time is up. A return ticket would be good evidence of that, though it may not be necessary if you have other evidence. You might want to plan for schooling the child during a temporary visit, in order to demonstrate you have thought about it. If immigration suspects that you are bringing the child specifically to live with you, that would be a problem, and might get you the same penalties as above.
But really, a lawyer would give you a much better answer on this.
answered 1 hour ago
DJClayworth
31.1k578115
add a comment |Â
up vote
5
down vote
accepted
up vote
5
down vote
accepted
I wholeheartedly agree with Nate Eldridge that the best thing to do is to seek the advice of an immigration lawyer before doing this. However let me give you my understanding, having recently had a relative go through something very similar.
If you say at immigration that the child is coming to live with you, and you have no papers proving that they have a visa that allows them to do so, then you run the serious risk that they will be turned away at the border, and that you have an entry on your record saying that you attempted to facilitate an illegal entry into the US.
On the other hand, if the child comes to visit you for the amount of time that they are legally allowed to do without a visa, that is perfectly fine. If you then change your mind and apply for a change of status while they are there, so the child can stay with you permanently, that is also fine. However to back up your statement that they are coming to visit you, you should have a plan to return the child where they came from before the allowed time is up. A return ticket would be good evidence of that, though it may not be necessary if you have other evidence. You might want to plan for schooling the child during a temporary visit, in order to demonstrate you have thought about it. If immigration suspects that you are bringing the child specifically to live with you, that would be a problem, and might get you the same penalties as above.
But really, a lawyer would give you a much better answer on this.
answered 1 hour ago
DJClayworth
31.1k578115
I wholeheartedly agree with Nate Eldridge that the best thing to do is to seek the advice of an immigration lawyer before doing this. However let me give you my understanding, having recently had a relative go through something very similar.
If you say at immigration that the child is coming to live with you, and you have no papers proving that they have a visa that allows them to do so, then you run the serious risk that they will be turned away at the border, and that you have an entry on your record saying that you attempted to facilitate an illegal entry into the US.
On the other hand, if the child comes to visit you for the amount of time that they are legally allowed to do without a visa, that is perfectly fine. If you then change your mind and apply for a change of status while they are there, so the child can stay with you permanently, that is also fine. However to back up your statement that they are coming to visit you, you should have a plan to return the child where they came from before the allowed time is up. A return ticket would be good evidence of that, though it may not be necessary if you have other evidence. You might want to plan for schooling the child during a temporary visit, in order to demonstrate you have thought about it. If immigration suspects that you are bringing the child specifically to live with you, that would be a problem, and might get you the same penalties as above.
But really, a lawyer would give you a much better answer on this.
answered 1 hour ago
DJClayworth
31.1k578115
edited 1 hour ago
answered 1 hour ago
DJClayworth
31.1k578115
answered 1 hour ago
DJClayworth
31.1k578115
answered 1 hour ago
DJClayworth
31.1k578115
31.1k578115
add a comment |Â
add a comment |Â
Wario X is a new contributor. Be nice, and check out our Code of Conduct.
Wario X is a new contributor. Be nice, and check out our Code of Conduct.
Wario X is a new contributor. Be nice, and check out our Code of Conduct.
Wario X is a new contributor. Be nice, and check out our Code of Conduct.
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1
Does the child have the necessary documents to prove they have permission to live in the US?
– DJClayworth
1 hour ago
What travel documents will the child have?
– Zach Lipton
1 hour ago
Travel Documents: Passport, birth papers, and a permission letter from the Canadian parent. The immigration process would start once the child is in the US.
– Wario X
1 hour ago
3
It seems like it would be a good idea to consult an immigration lawyer before bringing the child to the US, in which case you could ask them this question at the same time.
– Nate Eldredge
1 hour ago
2
It is a violation of the spirit of immigration law. According to US immigration law you should not have preconceived intent of migrating when coming on a non immigrant visa or ESTA or anything of the sort except for specific visas that allow dual intent. I don’t think a child will be charged with immigration intent however it is a disqualifying designation for adjusting status for an adult. nafsa.org/Professional_Resources/Browse_by_Interest/…
– Honorary World Citizen
1 hour ago