To learn more about a child green card and the requirements you need to meet, you should reach out to an immigration lawyer. They can help you through the green card for kids application process to put you in the strongest possible legal position.
Hayoon Kane Law Firm, PLLC is ready to help. We represent green card applicants of all ages, and we can advise on your options for your child. Schedule your consultation with our immigration law firm today about a child green card.
How Can I Apply for a Child Green Card?
Like any relative being sponsored for a green card, you will file Form I-130 on behalf of the child. This form is the standard one when there is a petition for most types of green cards. Along with filling out the form and providing the required information, you also need to include other supporting information with your Form I-130. You must submit proof of your own citizenship, along with evidence of a parental relationship with the child, which is typically accomplished with a birth certificate that shows you are the parent.
If the child is located in the United States, the application is to adjust their status. It requires consular processing if they are located abroad. Once the initial Form I-130 is processed, your child must undergo an interview, take a medical exam, and provide biometrics. Green card interviews can be frightening if the child is younger, and they may need help to prepare for the questions.
Can I Get a Green Card for a Child Over 21?
Your child does not have to be under the age of 18 for you to apply for a green card for them. You can also get a green card for a child over 21 based on your close family relationship with them. A class of immediate relatives can qualify for a green card based on their relationship with you. If your child is married and over the age of 21, you need to apply for a family-based green card, which is subject to a hard cap and may have a much longer waiting time.
If your child is under the age of 21 at the time you filed the petition, they will continue to be treated that way, even if they turned 21 while the USCIS process for considering the petition is still ongoing. In other words, the rules that apply to children under the age of 21 will continue to remain in effect until a final resolution of the petition.
Can I Obtain a Green Card for an Adopted Child?
You may not even need to obtain a green card for a child who you intend to adopt. Depending on the situation and applicable law, your adopted child can become a United States citizen on the approval of the adoption. If that law does not apply, you must seek a green card for your adopted child.
Can a U.S. Citizen Petition for a Stepchild?
Under U.S. immigration laws, a child is not just a biological one. It is possible for a United States citizen parent or a lawful permanent resident to petition for their stepchild to come to the country and apply for their own green card. The child must be under the age of 18 at the time that you were married, and they must be under the age of 21 at the time the petition is filed. Further, the stepchild cannot be married themselves. Each child needs their own Form I-130 to be filed on their behalf, and their petitions will be considered separately.
Can a Green Card Holder Sponsor a Child?
A green card holder has a limited category of close relatives who they can sponsor for a green card without having to seek a family preference visa for them. This category includes a child. Thus, even if you are not a United States citizen, you can still bring your unmarried child to live in the United States, but their age and marital status will determine their eligibility and visa category.
However, you cannot sponsor them for a green card if they are married and over the age of 21. Unmarried children under the age of 21 get second preference to children of United States citizens. You could only sponsor a married child over the age of 21 for a visa if you become a United States citizen yourself.
How Long Does it Take to Get a Child Green Card?
Green card processing times may vary, and they can depend on a number of factors. Generally, you can expect it to take, on average, about a year to get approval of your petition for a green card for your child. In some cases, the approval might come more quickly, but you must also be prepared for it to take longer. You do not want to introduce any additional delays into the process by making mistakes in the petition or failing to include the necessary supporting documentation.
You may be able to bring your child over to the United States while they are waiting for a resolution to the green card application process. Your child has the option to wait abroad for the application to be processed, or you can file for them to receive a K-4 immigrant visa while you are waiting for an answer from the USCIS. However, only children who are under the age of 21 may qualify for this category of visa. If your child is over 21, they need to wait for the green card application to be processed and approved.
Green Cards for Kids Petitions Can Still Be Rejected by USCIS
Even if you are applying for a child green card, USCIS approval is by no means automatic. There are a number of reasons why USCIS might deny a petition for an immigration visa. Common reasons for a green card for child petition denial include:
- There are mistakes in the application, or you are missing crucial supporting documentation
- Your child has a criminal history (this can be particularly true for a child over the age of 21, but it can also lead to rejection of an application from a child under the age of 18, depending on the facts and circumstances of the situation
- You have not been able to establish a parental relationship between you and the child
- There are national security concerns about the beneficiary of the petition
- You cannot demonstrate your ability to financially support the child when they are in the United States
A denial is not the end of the road, as you are entitled to due process when you file a petition for a green card and receive a denial. A child green card lawyer can file an appeal when you believe that USCIS has made a mistake of fact or law when they denied your petition.
Why You Need a Child Green Card Lawyer?
There is no such thing as anything automatic when dealing with the USCIS. Your petition will be in front of a case officer who is likely overloaded and potentially under other pressures. They pay close attention to the petition itself and the supporting information you provide. If they reject your petition, it forces you to file an appeal, which can take a long time and has uncertain chances of success.
In addition, you may be dealing with a language barrier and documents that are in a foreign language. Documents might be missing, and you may need advice on how to obtain them.
While more family-based green card applications are approved than rejected, there is still a notable rate of denial of these petitions.
Given the importance of the green card petition to your family, it is crucial that you do not leave anything to chance and have the maximum amount of support you can get with the complex approval process.
Contact a Las Vegas Green Card for Children/Step Children Immigration Lawyer
For help with your child’s green card petition, reach out to the Hayoon Kane Law Firm, PLLC. We can begin by providing clear explanations and advice regarding both the general process and specific requirements, taking much of the pressure off you. The first step is to contact us to schedule a case review, where you can learn more about the green card application and approval process we will follow on your behalf.
You can speak with an immigration lawyer by calling us today at (702) 463-7630.or by contacting us online. We are located in Las Vegas, and we assist clients throughout the entire United States with their pressing immigration law matters.
