Bringing children to the United States is a significant aspect of family-based immigration. U.S. immigration laws provide various pathways for U.S. citizens and lawful permanent residents (green card holders) to sponsor their children for immigration. This process involves understanding the definitions, eligibility criteria, required documentation, and procedures associated with family-based immigration.
1. Definition of “Child” in U.S. Immigration Law
For immigration purposes, a “child” is defined as:(USCIS)
- Unmarried and under 21 years of age: This includes biological children, stepchildren, and adopted children, provided the adoption occurred before the child turned 16 (or 18 in certain cases).
- Married sons and daughters: While they are not considered “children” for certain immigration benefits, U.S. citizens can still petition for their married sons and daughters under the family preference categories.
It’s important to note that the Child Status Protection Act (CSPA) may allow children who turn 21 during the immigration process to retain their “child” status, depending on the circumstances.
2. Eligibility to Petition for a Child
The ability to petition for a child depends on the petitioner’s status:
- U.S. Citizens: Can petition for:
- Unmarried children under 21: These children are considered immediate relatives and are not subject to annual numerical limits, allowing for faster processing.
- Unmarried sons and daughters 21 or older: These individuals fall under the family preference category (F1) and may experience longer wait times due to annual caps.
- Married sons and daughters of any age: Also fall under the family preference category (F3), with similar wait times as F1.
- Lawful Permanent Residents (Green Card Holders): Can petition for:
- Unmarried children under 21: Considered immediate relatives, similar to the children of U.S. citizens.
- Unmarried sons and daughters 21 or older: Fall under the family preference category (F2B).
- Married sons and daughters of any age: Fall under the family preference category (F2A), with potential delays due to annual caps.
3. Required Documentation for Petitioning
When filing a petition for a child, the following documents are typically required:
- Form I-130, Petition for Alien Relative: The primary form used to establish the familial relationship.
- Proof of U.S. citizenship or lawful permanent resident status: Such as a U.S. birth certificate, passport, or green card.
- Child’s birth certificate: To verify the relationship.
- Marriage certificate: If applicable, to establish the legal relationship between the parent and child.
- Proof of legal name changes: If names have changed due to marriage, divorce, or other reasons.
- Evidence of legal custody and joint residence: For adopted children, documentation proving legal custody and joint residence for at least two years is required.
Additional documents may be needed depending on the specific circumstances of the case.
4. Processing Procedures
The process for bringing a child to the U.S. involves several steps:
- Filing Form I-130: The U.S. citizen or lawful permanent resident files Form I-130 with U.S. Citizenship and Immigration Services (USCIS).
- Approval and Visa Availability: Once Form I-130 is approved, the National Visa Center (NVC) determines when a visa number becomes available based on the child’s preference category and priority date.
- Consular Processing or Adjustment of Status: If the child is outside the U.S., they will undergo consular processing at a U.S. embassy or consulate. If the child is already in the U.S., they may apply for adjustment of status using Form I-485.
- Visa Issuance and Entry to the U.S.: Upon approval, the child receives an immigrant visa to enter the U.S. as a permanent resident.
5. Special Considerations
- Stepchildren: A U.S. citizen can petition for a stepchild if the marriage to the child’s biological parent occurred before the child turned 18. Adoption is not required.
- Adopted Children: Adopted children must meet specific criteria, including adoption before age 16 (or 18 in certain cases) and proof of legal custody and joint residence for at least two years.(USCIS)
- Conditional Permanent Residency: If a child is granted permanent residency based on a marriage that occurred less than two years before the approval, they may receive conditional permanent residency and must file Form I-751 to remove conditions.(USCIS)
- Following-to-Join Benefits: If a parent becomes a lawful permanent resident and has children who did not immigrate with them, the parent can request following-to-join benefits to allow the children to immigrate without filing a separate petition.(USCIS)
6. Additional Resources
For more detailed information and to access the necessary forms, visit the official USCIS website: https://www.uscis.gov/family/bring-children-to-live-in-the-us
Bringing children to the United States involves a structured process governed by U.S. immigration laws. Understanding the definitions, eligibility criteria, required documentation, and procedures is crucial for a successful petition. It’s advisable to consult with an immigration attorney or accredited representative to navigate the complexities of family-based immigration.