How Do I Apply For A Green Card For My Child?

If you are a U.S. citizen or permanent resident and want to bring your child to the United States to live permanently, you can apply for a Green Card for them through family-based immigration. The process involves filing petitions, submitting the right documentation, and following a series of steps to ensure your child can legally reside in the U.S.

Steps to Apply for a Green Card for Your Child:

Eligibility Requirements:

If you are a U.S. citizen, you can apply for a Green Card for your biological or adopted child, regardless of their age. If the child is under 21 years old and unmarried, they are considered an immediate relative, and there is no annual cap on the number of Green Cards issued in this category.

If you are a permanent resident (Green Card holder), you can apply for your child, but there may be longer wait times due to annual caps. Your child must also be under 21 years old and unmarried.

Step 1: File Form I-130 (Petition for Alien Relative):

The first step is to file Form I-130, Petition for Alien Relative. This form establishes your relationship with your child and begins the process of applying for a Green Card.

For a biological child, you must provide proof of your relationship, such as a birth certificate.

For an adopted child, you will need to provide the adoption certificate and proof that the adoption was finalized and that the child has lived with you for the required period (typically at least 2 years).

Step 2: Wait for I-130 Petition Approval:

After filing Form I-130, USCIS will process the petition and either approve or deny it. If the petition is approved, it will be sent to the appropriate National Visa Center (NVC) or USCIS, depending on whether your child is in the U.S. or abroad.

Immediate Relatives (under 21, unmarried): If your child is considered an immediate relative, their Green Card process will proceed faster, and there will be no waiting for a visa number.

Other Family Members (children of permanent residents): If your child is a child of a permanent resident, the wait for a visa number may take several years due to annual caps on the number of Green Cards available in this category.

Step 3: Adjustment of Status or Consular Processing:

If your child is already in the U.S., they may be able to apply for Adjustment of Status by filing Form I-485, Application to Register Permanent Residence or Adjust Status.

If your child is outside the U.S., they will need to go through Consular Processing at the U.S. embassy or consulate in their home country. They will attend an immigrant visa interview, where they must provide the necessary documents, including the approval notice from the I-130 petition, proof of their relationship to you, and other required documents.

Step 4: Attend the Immigrant Visa Interview (if applicable):

If your child is applying for a Green Card from outside the U.S. (through consular processing), they will attend an interview at the U.S. consulate or embassy. The consulate will review the documents, ask questions, and determine if your child is eligible for an immigrant visa.

If the interview is successful, your child will receive the immigrant visa, allowing them to travel to the U.S. as a permanent resident.

Step 5: Green Card Issuance:

Once your child arrives in the U.S. or their Adjustment of Status application is approved, they will be issued a Green Card and become a lawful permanent resident.

If your child is under 21 years old and unmarried, they will be issued an immediate relative Green Card.

If the child is an older unmarried child of a permanent resident, they will receive a Green Card once their visa number becomes available.

Step 6: Removal of Conditions (if applicable):

If your child is under 21 years old at the time of approval, they will receive a conditional Green Card if the adoption or relationship is relatively new.

To remove conditions, you will need to file Form I-751, Petition to Remove Conditions on Residence, within the 90 days before the conditional Green Card expires.

Example:

If you are a U.S. citizen and your child, who is under 21 and unmarried, is living abroad:

• First, you file Form I-130 to establish the relationship.
• After USCIS approval, the petition is sent to the National Visa Center (NVC) for consular processing.
• Your child will attend an immigrant visa interview at the U.S. embassy, and if approved, they will receive an immigrant visa to enter the U.S. as a permanent resident and receive a Green Card.

Conclusion:

As a U.S. citizen or permanent resident, you can bring your child to the U.S. by filing a Form I-130 petition and following the process of either Adjustment of Status or Consular Processing. If your child is under 21 years old and unmarried, they are considered an immediate relative, which expedites the process. Ensure you have the proper documentation and follow the necessary steps to bring your child to the U.S. as a permanent resident.