If I win Green Card lottery, will I be able to take my child with me to the US? I'm thinking about immigration to the USA and looking for any way.
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nolo.com/legal-encyclopedia/…– Nate EldredgeJun 18, 2017 at 15:24
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1 Answer
When you immigrate, any under-21 unmarried child you have at that time will be able to immigrate as a derivative beneficiary.
Note that you must list your spouse and all your children when you applied for the Diversity Visa lottery, regardless of whether they will immigrate with you or not.
From the 2016 instructions (pdf):
- all living natural children;
- all living children legally adopted by you; and,
- all living step-children who are unmarried and under the age of 21 on the date of your electronic entry, even if you are no longer legally married to the child’s parent, and even if the child does not currently reside with you and/or will not immigrate with you.
Failure to list a spouse or child who could immigrate with you, even if they choose not to, will disqualify the applicant and all visas will be refused at the interview (if you're chosen to apply).
answered Jun 18, 2017 at 15:56
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3From the 2016 instructions, "Failure to list all children who are eligible will result in disqualification of the principal applicant and refusal of all visas in the case at the time of the visa interview." So the main applicant is also disqualified.– mkennedyJun 20, 2017 at 22:26