San Marcos, TX Immigration Law Firms & Lawyers

By your green card preparation forms, you could mean either I-130 petition for alien relative or I-140 petition for alien worker or I-485 application to adjust status to permanent residence or DS-260 application for immigrant visa. If on either of the first 2, you can add your son in the next phase of the case, either on the I-485 or the DS-260. That assumes that you will both be interviewing at the same time at the same place. You would be filing another form I-485 or DS-260 on behalf of your son at the same time that you are submitting your applications. If you have already filed your I-485 or DS-260, you would be filing the same forms for your son. For an I-485, there is a good chance that your adjudication will come prior to that of your son. For a DS-260, you would have better chance of having the files put together so that you can both interview at the consular post at the same time. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

Yes possibly, as having a US citizen child is seen as a "tie" to the United States. In general, this should be able to be overcome by proving up substantial ties to your home country, in spite of having a child born in the US.

In order to qualify for a NIW, you must seek to work in an area of substantial intrinsic merit, the work must have a benefit which will be national in scope, and you must serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications. When an applicant submits a NIW petition, he/she must provide evidence that the national interest would be adversely affected if a labor certification were required. You should consult an experienced immigration attorney to determine if your eligible.