# EU citizens minor moving to US with non-EU citizens parents



## Sisterlois (Mar 23, 2011)

Hi Everyone, Pls I need some help here. I´m a Nigerian legally living in Spàin with my family. We have permanent residence permit here in Spain but we want to move to US. We hav our 2 children and they are EU citizens. I have 3 siblings in US, though they are my step-sister and 2 step-brothers, 3 of them are american citizens bcos they were born and raised their. Actually my Dad lived there and got married to their mom, then my Dad died there in US some 20yrs ago. Now we want to relocate to US but am wondering if we should apply for the immigration visa which takes alot of time or should we apply for visiting visa since we have EU citizen children. Is there any availablility for moving with EU citizens minor who have non-EU parents. Thanks very much for your kind replys.


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## Bevdeforges (Nov 16, 2007)

I've spun your post out to its own thread, as you are definitely in a kind of complicated situation and perhaps you'll attract a few more responses if you have a thread to yourself.

I don't think your siblings are going to be able to sponsor you. (Someone with more knowledge of this will chime in here, I'm sure.) And for an immigrant visa for the US you're going to need a sponsor - either a direct family member (parent or adult child) or an employer. Your children's EU nationality won't really help anything - they'll need visas just the same as you do.

Let's see if anyone has any ideas for you.
Cheers,
Bev


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## twostep (Apr 3, 2008)

Sisterlois said:


> Hi Everyone, Pls I need some help here. I´m a Nigerian legally living in Spàin with my family. We have permanent residence permit here in Spain but we want to move to US. We hav our 2 children and they are EU citizens. I have 3 siblings in US, though they are my step-sister and 2 step-brothers, 3 of them are american citizens bcos they were born and raised their. Actually my Dad lived there and got married to their mom, then my Dad died there in US some 20yrs ago. Now we want to relocate to US but am wondering if we should apply for the immigration visa which takes alot of time or should we apply for visiting visa since we have EU citizen children. Is there any availablility for moving with EU citizens minor who have non-EU parents. Thanks very much for your kind replys.


You and your spouse are still Nigerian citizens?
There is no EU citizenship. What passport do the kids have?
Unfortunately your father passed away which takes out of the equation. Yes, there is a faint option of grandparent if parent is deceased but I assume this does not apply in your case.
Unless your father adopted the step children to the best of knowledge you are not considered related for immigration purposes. I will check on that which will take a couple of days.
Minor children tag along with the respective parents' visa. Citizenship of EU countries has no bearing upon US immigration unless you enter diversity lottery.
Depending on your personal situation you may have a shot at Green Card based on asylum.


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## nat21 (Oct 10, 2010)

twostep said:


> Minor children tag along with the respective parents' visa. Citizenship of EU countries has no bearing upon US immigration unless you enter diversity lottery.
> Depending on your personal situation you may have a shot at Green Card based on asylum.


I think that the diversity lottery would be the best route for the OP's family. The OP would need to be in the US in order to apply for asylum and the waiting list to obtain legal aid in the asylum case is very long and legal aid is not guaranteed (I volunteer with a non-profit and help asylum seekers with the legal aid request paperwork). However, I doubt that it would be a strong case for legal representation (I could be wrong) as the OP is living in Spain legally.


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## Crawford (Jan 23, 2011)

I don't believe you have a direct way of moving to the US based on what you have said.

Your step siblings are unlikely to be able to sponsor you and asylum/refugee status is hardly likely to be substantiated when you are already living in Spain as legal residents. 

You could emmigrate to the US if a)you find a job with an employer who will sponsor your for a work visa or b)you could apply for an investment visa or c) you apply for a visa via the Diversity Lottery.

The visitors visa will NOT allow you to stay in the US permanently, and as Nigerian passport holders you will need to apply for a visitors visa - Nigeria does not participate in the Visa Waiver program.


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## Sisterlois (Mar 23, 2011)

*@Twostep*



twostep said:


> You and your spouse are still Nigerian citizens?
> There is no EU citizenship. What passport do the kids have?
> Unfortunately your father passed away which takes out of the equation. Yes, there is a faint option of grandparent if parent is deceased but I assume this does not apply in your case.
> Unless your father adopted the step children to the best of knowledge you are not considered related for immigration purposes. I will check on that which will take a couple of days.
> ...


Thanks Twostep and everypne of you who have kindly thrown more light to this issue. My Children will have (just applied for it, they just 3 and 2yrs) EU Nationals passport. My Dad fathered my sibblings and we bear the same surname (before I got married), the eldest among them is 26 and she is a licensed nurse in Florida, the other 2 guys are 21 and 20 and both of them are working as well. Please throw more light on the asylum issue, didn´t get it. Thanks very much, waiting for ur reply.


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## Sisterlois (Mar 23, 2011)

nat21 said:


> I think that the diversity lottery would be the best route for the OP's family. The OP would need to be in the US in order to apply for asylum and the waiting list to obtain legal aid in the asylum case is very long and legal aid is not guaranteed (I volunteer with a non-profit and help asylum seekers with the legal aid request paperwork). However, I doubt that it would be a strong case for legal representation (I could be wrong) as the OP is living in Spain legally.


Thanks nat for ur reply, yes we´ve been trying the diversity lottery from here since 3 yrs now and we´re even tempted to pay an agency who claim to help for the next one which will likely start by October. Please I also need some advice on that, should we pay to an agent in Boston US or should we continue to try our luck on the free website? Thanks and ur advice is highly welcomed.


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## nat21 (Oct 10, 2010)

Sisterlois said:


> Please throw more light on the asylum issue, didn´t get it. Thanks very much, waiting for ur reply.


As you are legally living in Spain, you will not qualify as an asylum seeker. An asylum seeker is a person who fled their home country for fear of persecution due to their religious beliefs, race/ethnicity, political opinion, sexual orientation or social group.


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## nat21 (Oct 10, 2010)

Sisterlois said:


> Thanks nat for ur reply, yes we´ve been trying the diversity lottery from here since 3 yrs now and we´re even tempted to pay an agency who claim to help for the next one which will likely start by October. Please I also need some advice on that, should we pay to an agent in Boston US or should we continue to try our luck on the free website? Thanks and ur advice is highly welcomed.


I would be very wary of companies claiming to "help" you win the diversity lottery. They only thing they are helping themselves to is your wallet. Take a look through the threads here and there was one about the DV and and some scams (people told to send in money orders even though they never submitted the application). I personally would suggest that continue to try for the DV on your own and also look at companies in Spain that has a huge presence in the US and apply for jobs there and then look into transferring after a couple of years.


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## twostep (Apr 3, 2008)

Sisterlois said:


> Thanks nat for ur reply, yes we´ve been trying the diversity lottery from here since 3 yrs now and we´re even tempted to pay an agency who claim to help for the next one which will likely start by October. Please I also need some advice on that, should we pay to an agent in Boston US or should we continue to try our luck on the free website? Thanks and ur advice is highly welcomed.



Your siblings should be able to sponsor you. But it will be a long road. But it will give you time to work on job skills, language and savings for a new start. Visa Bulletin For April 2011

There is only one way to participate in diversity lottery. All these so called agencies do is key your information in. You know you win only the application not the Green Card?
Diversity Visa (DV) Lottery Instructions


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## Sisterlois (Mar 23, 2011)

Thanks everyone for ur reply, I gained alot. Hope to do the immiration thing with my siblings or continue trying the dv lottery. Thanks.


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