Green Card Eligibility for Children Through Family Sponsorship

To schedule your consultation for help obtaining a green card for your child, please contact us at 954-241-4209.

Bringing children to live in the U.S. permanently requires a green card. Immigration laws treat children differently depending on whether they are over or under the age of 21. Children 21 or older are called “sons” or “daughters.” Processing times for children over age 21 are longer than for children under age 21. Your child’s marital status also affects the processing times and eligibility to file a petition on his or her behalf.

If you are a U.S. citizen or lawful permanent resident, you can apply for a green card for your unmarried children, regardless of age. Your child’s petition may also include their children. If your child is married, you must be a U.S. citizen to file a petition on his or her behalf. The petition can include the child’s spouse and children.

At our dedicated firm, we assist clients with attaining green cards for children, including green cards for those classified as sons and daughters. Our services include petitions and applications for your child’s spouse or children, if applicable. Working with one of our immigration attorneys can greatly reduce your risk of errors that lead to delays in obtaining a green card for your children.

Get Help With U.S. Immigration Form I-130 Petition for Alien Relative

Our immigration attorneys will complete all the necessary paperwork for your child’s green card. Here are some of the forms you may need to file, depending on your situation:

• U.S. Immigration Form I-130 “Petition for Alien Relative.” This form is the first step in petitioning for an eligible child, son, or daughter to obtain a green card. If you are a legal adult and a U.S. citizen, you may file the form for your married or unmarried children, son, or daughter. Green card holders may file this petition on behalf of their unmarried children.
• U.S. Immigration Form I-485 “Application to Register Permanent Residence or Adjust Status.” Also known as the AOS form, this document allows your child to apply for “lawful resident” status while they are in the U.S.
• U.S. Immigration Form I-864 “Affidavit of Support.” This form helps family-based immigrants, such as children, sons, or daughters, demonstrate that they are not likely to rely on the U.S. government for financial assistance.
• U.S. Immigration Form I-601 “Application for Waiver of Grounds of Inadmissibility.” This form waives various grounds of inadmissibility, allowing your children to qualify for a green card. Grounds of inadmissibility include health issues, criminal issues, or fraud or misrepresentation.
• U.S. Immigration Form I-944 “Declaration of Self-Sufficiency.” This form determines whether an applicant is likely to become a public charge at any time. Due to a new nationwide law, Form I-944 must be filed with many applications for adjustment of status.

These forms are used to obtain a green card for children, sons, or daughters. Because the forms required for each situation are unique, you must speak with an immigration attorney to ensure you are filing the proper paperwork promptly. The immigration attorneys of the Law Offices of Robert M. Bell, P.A., can help. We can ensure you submit the forms per the law and provide appropriate evidence and documentation.

Green Card Timeline

There are two primary timelines that you can use as guides in filing for green cards for children. Which timeline you use will depend on your situation.

Adjustment of Status

This timeline will apply to you if your children, sons, or daughters are in the U.S. when they are seeking a green card. It is important to speak to an immigration attorney at Robert M. Bell, P.A. to determine if your child is eligible for adjustment of status.

• Preparation of Filing: You must file a packet of application forms with supporting documents with USCIS. A qualified immigration attorney can explain the forms and documentation that will be required in your particular circumstances.
• Interview and Approval: A local USCIS office may interview you and your child to review the applications and ask relevant background questions. After the interview, USCIS will make a decision or request additional evidence. If approved, your child will receive a lawful permanent resident card (also known as a green card).

Consular Processing

This is the process for your children, sons, and daughters who are living outside the U.S. Here is a general timeline you can use to estimate your processing time:

• USCIS Processing of I-130 Petition. You will file the I-130 petition and evidence as the first step in obtaining a green card for your child.
• Immigrant Visa Application. If your I-130 petition is approved, USCIS will send the approved petition to the National Visa Center (NVC), and the State Department will open an immigrant visa case. Additional paperwork will be required. The NVC will collect more information and documents from you and your child.
• Interview and Approval. Once the NVC has received all necessary documents, the U.S. embassy or consulate in your parents’ country of citizenship will schedule an interview. If approved, your child (and your child’s spouse and/or children) will be issued an immigrant visa that can be used to enter the U.S. The green card will be mailed to your child after arrival in the U.S.

Our Immigration Lawyers Can Help With a Green Card for Your Children

Our immigration and nationality attorneys serve as a critical resource for anyone looking to obtain a green card for children or a green card for sons or daughters. We are experienced and efficient in preparing and filing the documentation and evidence you need to keep your immigration process moving forward. To get started with your immigration matter, contact our firm at 954-241-4209.