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. 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.?
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 are able to sponsor your unmarried children under the age of 21, or your unmarried son or daughter over 21.
You should note that unmarried children under 21 are considered immediate relatives and thus, you must file a Form I-130, Petition for Alien Relative, on their behalf. If approved, they can obtain a green card immediately, as they are considered immediate relatives. If you are looking to bring your unmarried child over 21, they will fall into the second preference category for family immigration. As such, they may face a considerable waiting period.
What Should I Know About This Process?
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, regardless of whether or not they are over 21. Generally, this form requires you to establish a relationship with the child, as well as a considerable amount of information about yourself and the child you are sponsoring.
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 they approve it and your child is currently in the country, you can file Form 485, Application to Register Permanent Residence or Adjust Status for their green card. 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 in the country, you can then file Form 485 on their behalf.
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 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.
