CHILDREN PETITIONS

Family petitions | Immigration lawyer

Green Card For Child

As a U.S citizen or U.S. permanent resident (green card holder), you can sponsor your child to live and work in the United States as permanent residents. The process starts with a family petition (Form I-130 for child). This Petition must be submitted with proof of the family relationship and payment of the government fees.

Some qualifying children can apply for Adjustment of Status (apply for green card) at the time the I-130 for child is submitted.  This depends on the age of the child and whether the Petitioner is a United States citizen or a green card holder.

Petitioner is a U.S. Citizen:

If you are a U.S. citizen, you can petition all your children with a Form I-130 for children.   Once approved, your child can start the process to becomes a legal permanent resident of the United States.  However, there are three categories of immigrant visas for children.   These are “Immediate Relative,” “F1”, and “F3”.  That means that some of your children may get an immigrant visa sooner than others, depending on their category.

A) Green Card for Child, unmarried under 21 years old:

Your unmarried child under 21 years of age is considered an Immediate Relative. This means that your unmarried son or daughter under 21 will receive an immigrant visa immediately.  There are unlimited numbers of visas for children of U.S. citizens under the age of 21.

B) Unmarried Sons and Daughters over 21 years

If your child is over the age of 21 and is unmarried, they fall under the first preference category called F1.  The F1 category receives a limited number of visas each year.  Depending on how many people apply each year and your child’s, there may be a backlog or wait time for the immigrant visa to become available after the I-130 for child is approved. You can also include your unmarried child’s children in your petition.

C) Married Sons and Daughters of U.S. Citizens (any age):

If your child is married, they fall under the third preference category called F3.  The F3 category receives a limited number of visas each year.  Depending on how many people apply each year and the country of birth of your child, there may be a backlog or wait time for the immigrant visa to become available.  Your child’s spouse and/or children may be included in the petition.

Petitioner is a Green Card Holder

As legal permanent resident of the U.S., you can petition your unmarried son or daughter to become legal permanent residents of the United States.  Your children fall into either two visa categories, F2A or F2B.  The F2A category is reserved for unmarried children under 21 years of age.  The F2B category is reserved for unmarried children over 21 years of age.  That means that some of your children may get an immigrant visa sooner than others, depending on their age.  Visas are issued according to annual quotas defined by law.

A) Green Card for Child, Unmarried under 21 Years Old

A child under 21 years old of a Permanent Resident fall into the second family-sponsored category, F2A.  Therefore, there are limited number of visas for children in this category.  Once the Form I-130 is approved, there may be a longer wait time for the immigrant visa to become available.  This depends on how many people apply each year and the child’s country of birth.   Fortunately, you can include your child’s children in this petition too.

B) Green Card for Child, Unmarried 21 Years Old or Over

If your child is over the age of 21 and is unmarried, they fall under the second preference category, F2B.  This category also receives a limited number of visas each year.  There may be a backlog for the immigrant visa to become available. This also depends on the number of applicants under the F2B category and your child’s country of birth.  You can include your child’s children in this petition as well.

Consular Process for Child Living Outside the United States

A child who is over 18 years of age does not qualify for adjustment of status in the United States.  Therefore, the child must wait for the Form I-130 approval in their home country.  Once the I-130 for child is approved, the case goes through consular processing.

Consular processing starts when the approved I-130 Petition is sent to the National Visa Center (NVC).  At this step, the petitioner must submit proof of income and other documentation as required.  The petitioner must prove that he or she has the minimum income and promise the U.S. government that the child will not become a public charge.  A public charge is a person who depends on the government for assistance.  If the petitioner does not meet the minimum income requirement, a joint sponsor may be used.

If all is done correctly at the NVC stage, the child will get an interview at the U.S. Consular Office located in their country.  After the interview, the child will get an immigrant visa stamped on their passport.  The immigrant visa allows the child to enter the United States as a permanent resident.  Once the child is in the United States, he or she will receive the green card and a social security card in the mail.  The child is now a lawful United States resident.

How Terra Immigration Helps?

Terra Immigration understands how important it is to give your child a green card and so he or she can live in the United States legally. As a client, you will receive a thorough analysis of your situation. Our experienced immigration attorneys ensure that your child qualifies for a green card. We stay with your case from beginning to end until your child gets his or her green card. Our immigration lawyers properly advise families on the best and fastest route to approval. We believe that each case is unique. We implement different strategies according to our client’s individual needs. Let’s talk about your immigration case.

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