Green Cards for Children of U.S. Citizens or Green Card Holders
If you are a U.S. citizen or a legal permanent resident of the United States (green card holder), you may be eligible to apply for a green card for your children to become legal permanent residents of the United States. The process varies depending on whether your children are inside or outside the U.S., and whether they are considered minors or adults.
Common Questions and Answers About Green Cards for Children of U.S. Citizens and Green Card Holders
Begin securing your child’s future in the U.S. with our detailed FAQs on obtaining green cards for children of U.S. citizens and green card holders.
What are the requirements for applying for a green card for my children?
To qualify for a child-based green card, the U.S. citizen or green card holder must file Form I-130, Petition for Alien Relative. If the children are in the U.S., they will also file Form I-485, Application to Register Permanent Residence or Adjust Status. If the children are outside the U.S., they will go through Consular Processing.
Who is eligible under the category of “children”?
- Unmarried Children Under 21: Eligible for immediate relative status if the petitioner is a U.S. citizen. Green card holders must wait for a visa number to become available (F2A).
- Unmarried Adult Children (21 or older): U.S. citizens can petition under the family preference category (F1). Green card holders can petition under the family preference category (F2B).
- Married Adult Children: Only U.S. citizens can petition under the family preference category (F3).
What is the difference between Adjustment of Status and Consular Processing?
- Adjustment of Status: This process is for children who are already in the United States. They will file Form I-485 concurrently with Form I-130 and attend an interview at a local USCIS office.
- Consular Processing: This process is for children who are outside the United States. Once Form I-130 is approved, the application is sent to the National Visa Center (NVC), which coordinates with the U.S. embassy or consulate in the children’s home country to complete the process and schedule an interview.
What evidence do I need to demonstrate my relationship with my children?
You should submit documents that prove your parent-child relationship, such as birth certificates, adoption papers (if applicable), and any documents that show your children’s legal entry into the United States if applicable, such as their passport and visa.
After filing, how soon will the interview take place?
For Adjustment of Status, once USCIS approves your Form I-130, they will schedule an interview. The timing can vary significantly depending on the caseload of your local USCIS office. For Consular Processing, once Form I-130 is approved, the NVC will coordinate with the relevant U.S. embassy or consulate to schedule the interview, which can take several months.
Are there financial requirements for the U.S. citizen or green card holder sponsor?
Yes, the petitioner must demonstrate the ability to financially support the children seeking a green card. This involves meeting at least 125% of the Federal Poverty Guidelines as per the Affidavit of Support (Form I-864).
What if the petitioner’s income is insufficient?
If the petitioner does not meet the income requirements, assets may be used as an alternative, or a joint sponsor who meets the income criteria may submit an Affidavit of Support on behalf of the beneficiary.
What additional forms are involved in the process?
- For Adjustment of Status, in addition to Form I-130 and Form I-485, children may also file Form I-765 for a work permit and Form I-131 for a travel document concurrently with their adjustment of status application.
- For Consular Processing, after the approval of Form I-130, children will complete Form DS-260, Immigrant Visa and Alien Registration Application, and attend an interview at a U.S. embassy or consulate.
What happens if my children’s green card application is denied?
If your children’s green card application is denied, they may appeal the decision or reapply if they address the reasons for denial. It is important to consult with an immigration attorney to understand the best course of action.
How long after receiving their green card can my children apply for U.S. citizenship?
Children can apply for naturalization five years after obtaining their green card, provided they meet all other eligibility requirements.
We Can Answer Your Family Immigration Questions
At Fok Immigration Law, we have extensive experience helping families unite here in the U.S. by guiding our clients through the complexities of the U.S. immigration system. If you have any questions about the green card process for your children, please contact our San Jose office at 408-212-7014 or our San Mateo Office at 650-546-7020 or reach out to our California immigration attorneys online.