Questions on Stepson situation

[C4Racer]

My wife and I have been married for eight years. Two kids of our own. One is 7, the other is 2.

My wife had a son from her first marriage. He stayed in China as his Dad would not let him come.

Now he is 16. He will turn 17 in August. My wife is thinking let him come to US after he is finished with high school.

 

Someone told her that she could bring him while he is 17 (next year).

He can get his green card once he arrives.

Apply for Advanced Parole for him to return to China to finish his last year of High School.

Does this sound like it will work? My wife says a few on 001 said they have done it this way.

 

If we wait too long. Then he would have a long wait.

What is the maximum age she can bring him without waiting years for visa.

 

Also, my wife is a US Citizen. She obtained citizenship in 2008 to bring her parents.

What avenue does this provide her son if he wants US Citizenship?

Does he need to apply by a certain age to use her citizenship as a path?

 

My wife is planning for her son to attend University in the US.

We thought of him coming on a student visa. Not a great option.

Cost will be less if he is a resident with green card or citizenship.

 

Any help would be greatly appreciated.

 

 

[dnoblett]

Though technically step son can claim US Citizenship through parent becoming a US Citizen, I believe step son will still need an immigrant visa to properly come to the USA.

In this case either parent can file a petition for step son, step parent can file due to marriage taking place prior to age 18, or biological parent can file the petition and get an immediate visa number due to their US Citizenship.

Automatic U.S. Citizenship After Birth - But Before the Age of 18

A Child Born Outside the U.S. is a Citizen after Birth IF…

The child was under 18 or not yet born on February 27, 2001

AND...

At least one parent is a U.S. citizen, the child is currently under 18 and residing in the U.S. in the legal and physical custody of the U.S. citizen parent pursuant to lawful admission for permanent residence.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD&vgnextchannel=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD

 

Lawful admission for permanent residence in this case means step son needs to enter the USA on and IR-2 immigrant visa, not a B-2 visitor.

 

Once arrive on the IR-2 visa, you can immediately file an N-600 to get step-son a US Citizenship cert.

 

The other option is to not claim citizenship and remain on a green-card, the issue with this is with time away from the USA may be an issue, and perhaps the ability to claim automatic US Citizenship based on parent's citizenship, I believe this has to happen before age 18, after which step son will have to hold green card 5 years and apply for citizenship on own.

[C4Racer]

What is the minimum age the child will no longer need a letter of approval from the other parent?

 

My wife's ex is being uncooperative. We do not expect him to sign a letter of consent.

 

The maximum age my wife can apply for her son without a wait is 21. Correct?

Does everything need to happen by this age?

Issuance of the visa, his travel to US and issuance of green card.

[dnoblett]

I beleive if younger than age 16 need consent. I beleive the consulate goes by DOS rules relating to passports as a guide, which stipulates that younger than age 16 needs both parent consent.

 

http://guangzhou.usembassy-china.org.cn/passport/parental-consent-for-minors.html

 

As for max age should file petition well before age 21 to be protected by CSPA, all CSPA does is add the USCIS processing time to their age. Is best that they be less than age 21 when arriving in the USA on their immigrant visa.