Can My Child Become a Permanent Resident of the U.S.?

You may have finally earned an immigration status in the United States. Now, it may seem like the best and most natural next step to get the same for your child. Well, please continue reading to learn whether you can help your child get permanent resident status in the U.S. and how an experienced Lyndhurst green card immigration lawyer at the Law Offices of Salvatore A. Falletta can offer additional legal guidance.

Can I help my child become a permanent resident of the United States?

Simply put, you may petition for your child’s permanent resident status in the United States if you are a citizen or green card holder yourself. As a U.S. citizen, eligibility may be granted to your unmarried children under 21, unmarried sons and daughters over 21, and married sons and daughters of any age. However, these statuses come with different family-preference visa categories. For example, your unmarried adult child may be placed in the F1 category, your unmarried minor child in F2, and your married child in F3.

On the other hand, if you only have permanent resident status in the country, you may only apply for your unmarried children of any age. With this, you may fill out and file Form I-130, Petition for Alien Relative, with the United States Citizenship and Immigration Services (USCIS). This may be regardless of whether your child currently lives inside or outside the country. Of note, for a U.S. citizen with an unmarried child under 21, you may file Form I-485, Application to Register Permanent Resident or Adjust Status, at the same time. This is instead of waiting until a visa becomes available for your child.

Who does the USCIS recognize as my “child”?

Even though your child may not be biologically yours, you may view them, treat them, and love them as if they were. No matter, the USCIS enforces strict parameters regarding who is considered a “child” for green card application purposes. These parameters read as follows:

• A genetic child born in or out of wedlock.
• A child born through Assisted Reproductive Technology (ART) to a non-genetic gestational mother.
• A stepchild if the step-relationship occurred before the child’s 18th birthday.
• An adopted child if the adoption occurred before the child’s 16th birthday.

Going back to family-preference visa categories and overall green card eligibility, you may wonder what happens if your child turns 21 before their application gets approved. After all, these applications can take months or even years to process. Well, thanks to the Child Status Protection Act (CSPA), your child’s age may be frozen at the time the application was filed.

In conclusion, if you are ready to make matters right, please retain the services of a skilled lawyer from our Lyndhurst family & individual immigration law firm as soon as you can. We at the Law Offices of Salvatore A. Falletta look forward to receiving your outreach.