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Dear Guangzhou,

A few questions.

-If the mother is already in the U.S. (CR-1) and has been here for two years, is it possible for a young child who stayed behind in China to come to the U.S. on a visiting visa?

-If so, would the visiting visa need to be applied for prior to any I-130 being filed for the child, or could it be applied for during the I-130 process?

-Is I-130 processing for a child any shorter than for spouses?

 

Thanks very much.

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  • 3 weeks later...

Dear CFL,

 

1. The child in this case is certainly eligible to apply for a B1 tourist visa. The problem is that, under U.S. immigration law, B1 non-immigrant visas cannot be issued to foreign nationals who have "immigrant intent." In this case, it appears that it would be difficult for the child to prove to the consular officer that s/he does not intend to immigrate to the U.S.

 

2. The child could apply for the B1 visa at any time.

 

3. I-130 processing time for IR-2s is not noticeably different than it is for CR-1s or IR-1s.

 

Sincerely,

USCONGUZ

 

 

Dear Guangzhou,

A few questions.

-If the mother is already in the U.S. (CR-1) and has been here for two years, is it possible for a young child who stayed behind in China to come to the U.S. on a visiting visa?

-If so, would the visiting visa need to be applied for prior to any I-130 being filed for the child, or could it be applied for during the I-130 process?

-Is I-130 processing for a child any shorter than for spouses?

 

Thanks very much.

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