If you are a lawful permanent resident of the United States, meaning you hold a green card, you may be eligible to bring your unmarried children to the U.S. through family-based immigration. In most instances, you are eligible to sponsor unmarried children under 21 or unmarried adults over the age of 21 by completing Form I-130. However, processing times and eligibility will vary based on a number of factors, including the child’s age, marital status, and immigration category. If this reflects your circumstances, you’ll want to keep reading to learn more about this process and your legal options. Additionally, you’ll discover the importance of working with an attorney to help you navigate the process of seeking permanent residence for family members.
Can Green Card Holders Petition to Bring Children to the U.S.?
For many, making it in America is the pinnacle of success, as it can provide a considerable number of opportunities that may not be available elsewhere. However, when you become eligible for a green card, meaning you are a lawful permanent resident of the United States, you may wonder if you can bring your children to the United States.
As a green card holder in the United States, you are eligible to petition for your children to come to the United States. Generally, you may sponsor:
- Unmarried children under 21
- Unmarried sons and daughters over 21
However, eligibility rules, visa waiting periods, and the application process will vary depending on the age and marital status of the child you seek to sponsor.
Who Can a Green Card Holder Sponsor?
A lawful permanent resident is generally able to sponsor:
- Biological children
- Certain adopted children
- Certain stepchildren
- Unmarried children under 21
- Unmarried adult children over 21
Green card holders are unable to sponsor:
- Married children
- Parents
- Siblings
Only United States citizens are eligible to sponsor these individuals.
What Immigration Category Applies to Children of Green Card Holders?
Children sponsored by green card holders in the United States, including Fairfax County and throughout Virginia, are generally placed into family-preference categories depending on their age and marital status.
Family-based immigration rules for green card holders apply nationwide, including throughout Arlington, Alexandria, Reston, and the surrounding Fairfax County communities. However, processing times can vary depending on USCIS backlogs and the embassy or consulate handling the case.
Children Under 21
Unmarried children under 21 are typically placed in the second-preference category (2FA). Once Form I-130 is approved and a visa becomes available, they may immediately apply for lawful permanent resident status.
Adult Sons and Daughters Over 21
If you are looking to bring your unmarried child over 21, they will fall into the F2B category for family immigration. As such, they may face a considerably longer waiting period.
F2A vs. F2B Categories
- F2A:
- Applies to the unmarried, under-21 children of green card holders
- Wait times are generally shorter
- Requires Form I-130
- Children can adjust their status when lawfully present in the country
- F2B:
- Applies to the unmarried sons and daughters over 21 of green card holders
- Wait times are generally longer due to visa backlogs
- Requires visa availability before green card processing
- Wait time may vary based on the child’s country of origin
What Forms Are Required to Bring Your Child to the United States?
First and foremost, it’s important to understand how this process works. As mentioned, you’ll need to file a Form I-130 on behalf of the child you wish to sponsor in Virginia, regardless of whether or not they are over 21. Generally, this form requires you to establish:
- A qualifying relationship with the child
- Your lawful permanent residence status
- Biographical information about you and your child
Documents Often Needed for Form I-130
- Copy of your green card
- Copy of the child’s birth certificate
- Proof of legal name changes, if applicable
- Passport-style photographs
- Government-issued identification
- Evidence of legal adoption, if applicable
- Marriage certificates establishing a stepparent relationship, if applicable
What if the Child Is Adopted or a Stepchild?
Certain stepchildren or adopted children are eligible for immigration if specific USCIS requirements are met.
Adopted Children
- The adoption must be finalized before the child turns 16 in most cases
- The parent must demonstrate two years of legal custody
- The parent must show two years of shared residence with the child
Stepchildren
- The marriage establishing the stepparent relationship must occur before the child turns 18
- Supporting documentation can include:
- Marriage certificates
- Birth certificates
- Family records
What Happens After Form I-130 Is Approved?
Once you have completed this form, United States Citizenship and Immigration Services will examine it and determine whether or not to approve the petition.
If Your Child Is Already in the United States
If they approve it and your child is currently in the country, you can file Form I-485, Application to Register Permanent Residence or Adjust Status, for their green card.
If Your Child is Outside of the United States
However, if they are outside of the United States, they’ll first need to apply for a visa, attend consular processing, and then receive the visa that allows them entry into the United States. Once the child enters the U.S. with an approved immigrant visa, they will typically receive lawful permanent residence status, and their physical green card will arrive through the mail.
Common Reasons Family-Based Immigration Petitions Are Delayed or Denied
Understanding the most common reasons that applications for family-based visas are delayed or denied can help you avoid these errors to make this process as smooth and straightforward as possible.
Documentation Problems
- Missing birth certificates
- Incomplete document translations
- Incomplete or incorrect filing fees
- Inconsistent information across various forms and documents
Relationship Verification Issues
- Insufficient proof establishing a parent-child relationship
- Adoption records that fail to meet USCIS requirements
- Issues proving stepparent eligibility
Immigration Eligibility Concerns
- Previous immigration violations
- Accrual of unlawful presence
- Public charge concerns
- Disqualifying criminal history
Contact a Fairfax County Immigration Attorney Today
As you can see, the immigration process in the United States can be incredibly difficult to navigate. That is why connecting with an experienced immigration attorney with Goel & Anderson is imperative during these matters. Our Virginia firm can help you explore your legal options and guide you through this process to minimize unnecessary delays and errors. Contact us today to learn more.
