19 year old son visa possibilities

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19 year old son visa possibilities


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Old 02-29-2016, 12:44 AM
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19 year old son visa possibilities

Hi All,
I have not been on here much as my visa is waiting for my FBI check and until that comes in I am in limbo. I have been in contact with my assigned caseworker who has actually been really great. I was surprised but she has kept me updated with everything since she was assigned in Dec. Anyway...

My husband and I have been married for over 10 years. He has been supporting my son financially, emotionally, etc. since my son was 7. When my daughter (8 year old Aussie by descent) and I came here he stayed behind to finish high school. He was living with his Nana who had terminal cancer but it looked as if she had a great deal more time than she did. My son came over to visit and his visa was valid until Feb 2016. In the beginning of Jan when he was getting ready to go home for the last 6 months of high school his Nana's health rapidly deteriorated. Everyone had expected her to be around for at least another year. She was only in her early 60's...

Anyway, I looked into adding him to my Partner Visa that is pending. It appeared that it would be fine as he has not finished high school and he is wholly dependent on my husband and I. My caseworker called and told me that because of his age and the fact that he was not living with me at the time he probably would not meet the "dependency test". She then said that there were other visa options that would be more appropriate for him and would not jeopardize my visa which she said is ready to be granted upon police certificate (which may or may not be true.) But she was not able to tell me what those options were because she can't really give that advice which is fine.

I did a bit of research over the weekend and there are 2 different "remaining relative" visas one of which is for people in Australia. Oh because also, my son's father has not been in his life stably (or otherwise--he is an active drug addict. It was his mother that is my son's Nana) he did not even go home for her funeral because he honestly had nowhere to go. I just want to be sure I am heading in the right direction. I mean honestly, my husband, my daughter and I are the only family my son really has now. I am really nervous.

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Old 02-29-2016, 12:49 AM
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Remaining relative visa would not be an option since his father is still alive. The criteria is that black and white. Even if it was an option, the estimated processing time is 56 years.

I'd suggest you quickly speak with a migration agent to see what options you may have. I'd think you would be likely able to submit enough evidence that he was still dependent on you and was simply living with his grandmother in order to finish his current schooling.

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Old 02-29-2016, 01:00 AM
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Wow. Ok, thank you so much. I am just worried because she was pretty clear that he would also not meet the criteria for dependency. I will get with an immigration agent.

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