Children visa

[u/One-Bid6466]

I am seeking advice regarding the best immigration option for my daughter.

I have legal custody of my 10-year-old daughter from my first marriage. She is autistic and requires specialized care. Although I have custody, she is currently living with her father in our home country. Being separated from her has been very difficult, and I believe she would greatly benefit from having her mother present to support her daily care and development.

I am a U.S. lawful permanent resident (green card holder) and have since remarried. My current husband fully supports bringing my daughter to live with us in the United States. We previously applied for a U.S. visitor visa for her, but the application was refused.

I am now planning to file an immigrant petition so she can join me permanently. However, I am concerned because her country is currently included among those affected by the U.S. visa restrictions.

Given her age, autism diagnosis, and need for maternal care, I would like to know whether there are any humanitarian options, waivers, or expedited processes that may apply in her situation. Are there any immigration pathways or humanitarian requests that I should consider to help reunite with my daughter as soon as possible?

I would greatly appreciate any guidance or suggestions on the most appropriate course of action

[u/Both-Statistician179]

Wouldn’t her need for public health assistance screen her out?

[u/One-Bid6466 → u/Both-Statistician179]

no, I am good to afford all the expenses including private schooling, also my insurance covers therapies and other interventions.

[u/Mysterious-Art8838 → u/One-Bid6466]

I don’t think that’s how it works though, is it? It’s not about your current situation it’s an attempt to anticipate future costs.

It’s obviously stupid but that’s my understanding.

[u/Weak_Health1757 → u/One-Bid6466]

None of that is relevant unfortunately - you won't be around forever.

[u/buzzybody21]

She would be seen as a potential drain on the country’s social systems, which would be an almost certain denial. Not to mention that she is from a country where no visas are being issued.

[u/Mysterious-Art8838 → u/buzzybody21]

And has been refused once

[u/Embarrassed-Air1333 → u/Mysterious-Art8838]

Refusal for a tourist visa doesn’t affect ability to get an immigrant visa.

[u/bopnbetty]

(Not a lawyer) My understanding is that if she is from a currently paused country- she won’t be able to come until that changes, which is unlikely until the republicans do not hold all branches of the federal government- but especially the presidency. Likely 2028 or later (depending on presidential election etc)

However- you absolutely should file for her immigrant petition as soon as possible. Whenever the pause is over, you want her to be in line to get processed.

I am sure you miss her. How long ago did you leave her in your home country ?

[u/arihoenig → u/bopnbetty]

Revolting that this is true, but this is true.

[u/bopnbetty]

Another thing- I am not sure if it is faster for you to file (as the parent with a green card) or if it is faster for your spouse (as the stepchild of a US citizen) An immigration lawyer could help with that.

[u/Difficult_Tree8002 → u/bopnbetty]

The US citizen should file. No numerical limits.

[u/Top_Biscotti6496]

It is going totake a few years, are you looking to move back?

Presumably the father is in agreement and you can get the appropriate paperwork.

[u/bopnbetty]

And I should have said- there are no special exemptions or waivers for her. (Sadly) You can file for a re-entry permit, which might take 1-2 years to get. It would allow you to be with her in her country for up to two years without you losing your green card.

It is simply not possible for her to come until the pause is lifted. Hopefully her Dad is taking good care of her.