Return To Usa Need Visa For Wife And Son

[billtoms]

living in hua hin. seek to return to usa. i'am american and daughter has us passport. need visa for wife and son. we plan on living in states. wife was there for 2 years on green card. i retired from teaching and we moved back to thailand to be with kids. how we want to go back. blew her green card when we left us. did not renew it. stupid i know. looking at immigration lawyers. any ideas.

[Thanyaburi Mac]

You could ask the Consulate in Bangkok about the possibility of getting your wife an SB-1 visa, altho from what's said below, might not work.

Her son? Your stepson? Never had a greed card? If so, looks like he starts from scratch. Your wife might also have to do so.

Ask the Consulate.

Mac

http://travel.state.gov/visa/immigrants/info/info_1333.html

Permanent resident aliens who are unable to return to the United States within the travel validity period of the Alien Registration Receipt Card, or the Reentry Permit, may apply to the nearest U.S. consular office for a special immigrant Returning Resident (SB-1) visa. To qualify for such status aliens must show:--

That they were lawful permanent residents when they departed the United States. -- That when they departed they intended to return to the United States and have maintained this intent: -- That they are returning from a temporary visit abroad and, if the stay was protracted, that it was caused by reasons beyond their control and for which they were not responsible; and -- That they are eligible for the immigrant visa in all other respects.

Applicants who wish to apply for Returning Resident (SB-1) visas should contact the nearest consular office well in advance of their intended travel (at least three months in advance, if possible) to permit sufficient time for visa processing.

If the returning Resident (SB-1) visa is refused on the grounds that the alien has given up his residence in the United States, it may or may not be possible to obtain a nonimmigrant visa, depending on whether the applicant has established a residence abroad to which he will return. If the applicant wishing to return to the United States cannot submit convincing evidence of compelling ties abroad he may have to apply for an immigrant visa on the same basis by which he immigrated originally, if that is possible.

[DirectorIntegrityLegal]

The SB-1 visa would likely deal with your wife's issues. As to your son, is he a step-son or your natural child? Also, how long have you and your wife been married and how long have you been living with the boy if he is your step-son? It may, and I stress may, be possible to adopt the child and get him immigration benefits as your child, rather than as a step-child. Although this may still require an immigrant visa the adopted son may enter the US as a Citizen by operation of law once he is stamped into the country by Customs and Border Protection at a Port of Entry.

As far as asking the Consulate, although they would likely be courteous, the child's travel document does not sound like an issue for them as the immigrant visa application for the child would need to be adjudicated by USCIS before being forwarded to the Consular Section.

I hope this was helpful and PM me if you have further questions.

All the Best!

Ben Hart

US Immigration Attorney

Integrity Legal