Posts Tagged ‘green card for child’

One of the main benefits of being a US citizen is that you can petition your loved ones for a green card which will help them come and live with you in the US. As a US citizen, you are eligible to to petition your spouse, parent and children for a legal permanent resident (green card) status. But if you a Legal Permanent Resident, you can sponsor only your spouse and unmarried children.

Green Card For Child Application Process :

The first step is the filing the “Immigrant Petition” that will establish a qualifying relationship between you, the sponsor and your child abroad. It is then followed by the green card application. If your child is in the US, you are allowed to file the immigrant petition and green card for child application at the same time. But, in cases of lawful permanent residents, your child must wait for the immigrant petition to be approved before you can file the the green card application.

The green card for child process starts by submitting Form I-130, the immigrant petition. If your child lives outside the US, the application for an immigrant visa has to be filed at a US consulate at your child’s place of residence.

If your child/children live in the US, you have to file Form I-485 to adjust status. If your child lives in the US and is both unmarried and under the age of 21, then you can submit Form I-130 and Form I-485 together. This is considered the fastest way to apply for a green card. If you are a Legal Permanent Resident and your child is married or over 21 or lives outside the US, then you will have to wait for the Form I-130 to be approved before going to the next step in the process.

As a US citizen, you are eligible to sponsor your married child for a green card. Married sons and daughters of US citizens come under the third-preference category. So they should wait for a priority date to become available before they can apply for a visa. Plainly, married sons and daughters have to wait longer than unmarried sons and daughters to apply for a green card. However, Legal Permanent Residents are not eligible to sponsor their married sons and daughters for a green card.

Unmarried children of US citizen parents, below the age of 21 are considered as “Immediate relatives”. It means they can directly apply for a green card without having to wait for a priority date to become current. Though as a US citizen, you are eligible to sponsor your children who are married or over the age of 21, such children will not qualify as immediate relatives. So these applicants should wait for their priority date to be current before they become eligible to apply for a green card.

The visa bulletin published monthly by the Department of State has details regarding when applicants Priority Date becomes current.

Another point to remember is that if you are bringing a relative to live permanently in the US, you have to accept legal responsibility for supporting your family member financially. You have to take this responsibility and you become your relative’s sponsor. For this you have to complete and sign a document called an affidavit of support. You have this responsibility until your relative gets American Citizenship or is credited with 40 quarters of work (normally 10 years.)


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