V has U visa. Asks if now can apply for child in his home country?
Although I do not have specific expertise in immigration law, I did try to do some basic research to see if I could find any information on whether or not a person with a U-visa already could apply for a child later on. In my research, I was not able to find specific language that says if and how a principal U-visa applicant can apply for a derivative (a child) after his own application was approved. However, I did find some langauge that said: “If not filed concurrently with the principal applicant’s form 1-918, the family member’s application must also include a copy of the principal applicant’s form I-918” so perhaps this may be possible but I can’t say for sure. I suggest that you talk to an immigration lawyer with experience in U visas to find out if this is possible and, if so, how to go about applying for him. Here is a link for lawyers: LINK
One thing that you may want to ask the attorney is if your son’s application for U nonimmigrant status is approved, if your son will need to obtain a U visa in his country in order to be able to enter the U.S. and how the process would be. Also, here is a link to some general informaiton on U visas on our website: LINK