Both U.S. citizens and lawful permanent residents have the ability to petition for their children or step-children to immigrate to the United States. For your child to receive a green card, parents must petition on Form I-130, supported by a number of other documents, and a fee. Our Virginia immigration team outlines the process below.
Who is Qualified as a Child
There are three categories of children that can be petitioned for using Form I-130:
- Natural-born children born to married parents
- Natural-born children born to parents who are unmarried, but if the father is filing the petition, he will need to prove legitimation of a parent-child relationship
- Stepchildren age 18 or younger at the time of their parent’s marriage, with their parents remaining married
Although the process for obtaining a green card for adopted children is often different, they are also eligible as long as they were under the age of 16 when they were adopted and meet other legal conditions for a valid adoption.
How Long Does the Process Take?
After submitting form I-130, the amount of time before your child is able to immigrate to the U.S. can vary.
Unmarried children, under the age of 21, of U.S. citizens (considered immediate relatives) are eligible to enter the United States as soon as the application process is complete.
Unmarried children, of the same age range, of U.S. green card holders, are considered “Second Preference” relatives. Visas are given to this category in limited quantity, around 87,000 per year, with wait times ranging from 2-3 years up to even 10 years.
How Yacub Law Offices Can Help
We understand how important your child is to you, and pursuing a visa can seem like a daunting task. Our seasoned immigration team can help ensure the documentation is not only without error but find creative and efficient solutions to any roadblocks you may encounter throughout the process.
To find out more about how we can help you gain a visa for your loved one, contact us today through our website or give us a call at (703) 552-5051 to schedule a consultation!