Petition for Children
U.S. Citizenship and Green Card Holders: Petitioning for Children’s Permanent Residency
Link to: Marriage-Based Green Card
Link to: Petition for Parents
Link to: Petition for Children
Link to: Petition for Siblings
Link to: Fiancé(e) Visa
Merriage Based Green Card
Petitions for Parents
Petitions for Children
Petitions for Siblings
Fiancé(e) Visa
Overview of Petitioning for Children’s Green Cards
Petition for Children – U.S. citizens are empowered to petition for the permanent residency of their minor and adult children, including minor stepchildren (if the marriage occurred before the stepchild’s 18th birthday). Minor children are categorized as “Immediate Relatives,” which offers them expedited processing and exemption from certain green card eligibility bars. Adult children, regardless of marital status, are also eligible for sponsorship, though the process and benefits differ.
Green Card holders can petition for their minor children and their unmarried adult children. However, these beneficiaries do not have the same “Immediate Relative” status and may face longer waiting periods. Additionally, issues like visa overstays or unauthorized work in the U.S. can impact their eligibility.
The Green Card Application Procedure
Initiating the Process with Form I-130
The process starts with the filing of Form I-130, Petition for Alien Relative. Eligible child beneficiaries can apply for a green card (Form I-485) either concurrently with the I-130 petition or after its approval. Depending on the case, USCIS may invite the child and the parent for an interview before finalizing the process. Approved children receive a 10-year green card.
Consular Processing for Children Living Abroad
Consular processing is essential for children outside the U.S. aiming for permanent residency. It starts after USCIS approves their immigration petition, involving critical steps at a U.S. Embassy or Consulate. The process entails gathering necessary documents and preparing for a pivotal interview. This interview assesses the child’s eligibility, with a focus on their relationship with the U.S. petitioner and immigration intentions.
Successful completion of the interview leads to receiving a sealed visa packet, signifying the child’s readiness for U.S. entry as a lawful permanent resident. Due to the complexity of this process, expert legal guidance is often crucial. An immigration attorney can assist in document preparation and interview readiness, ensuring a smooth journey towards residency. This streamlined approach simplifies a potentially challenging process, providing clarity and support for families navigating this path.
Financial Sponsorship Responsibilities
In both the aforementioned scenarios, the U.S. citizen petitioner must assume the role of a financial sponsor. This involves filing an Affidavit of Support (Form I-864) to prove sufficient income to support the foreign national child in the U.S. In cases where the petitioner’s income does not meet the requirements, the option to add a joint sponsor is available.
Importance of Professional Legal Guidance
Given the complexity and potential costs of the process, which can be slow and risk delays or denials due to various problems, seeking guidance from a qualified immigration attorney is vital. An attorney can help ensure the process is handled correctly from the start, providing peace of mind and increasing the chances of a successful outcome.
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