CitizenPath is a private company that provides self-directed immigration services at your direction. Your child must be under age 21 at the time of your naturalization in order to be protected by the CSPA as an immediate relative in this scenario. If your child is in the U.S. and you're a U.S. citizen, however, you can file the I-130 at the same time you file the child's green card application. B-109 We are not affiliated with USCIS or any government agency. See a lawyer to make sure this history doesn't affect your child's future immigration prospects. Lawful permanent residents petitioning on behalf of a child (unmarried and under the age of 21) or unmarried son or daughter over the age of 21, if living in the U.S., must file a Petition for Alien Relative ( Form I-130 ). Questions 4-5: Enter your full name and other names by which you have been commonly known, and which therefore might have made it onto paperwork that you will, now or later, be submitting to the immigration decision-makers. This is significant because immigration law does not limit the number of immediate relative visas (green cards) issued each year. If your son or daughter doesn't have a little white I-94 card stapled into their passport (the U.S. government stopped doing this in May 2013 for people arriving by plane or ship), or attached to an approval notice when they changed status, you can search for the I-94 number online. The "result" is whether your petition was approved or denied by USCIS (not whether the green card application was ultimately approved or denied). If your child illegally entered the U.S., consult an attorney immediatelythe child is likely inadmissible to the United States, which will make it impossible to get a green card unless a narrow exception applies. Get in touch with immigration Legal Aid services near you, How to get a Change of Status from an F-1 Visa to a Green Card After Marriage, How To Find Help With Your Immigration Application When You Need Some Extra Help, How To Get a Copy of Your Marriage Certificate for Your Green Card Application, How to get a marriage green card if you have a TN visa, Have immigration questions? Question 12: This is for the address where the child will live in the United States. family-based preference categories. Heres what you can expect at the NVC stage: The agent is another person that will receive information about the immigrant visa applicants case. Submit evidence of the qualifying relationship such as a birth certificate, marriage certificate, divorce decree, etc. In some states, the information on this website may be considered a lawyer referral service. Once you have filed a petition, you can check its progress on the. Therefore, we recommend that you seek advice about your specific situation from an experienced immigration attorney. U.S. citizens can ignore items 40 and 41. Spouse of a U.S. citizen. Written by Jonathan Petts. If your application is denied, you should speak with an immigration attorney. Approval of the I-130 confers no rights to enter or live in the United States. If living inside the U.S., state what visa status the child legally entered in. After you receive this notice you will want to find your "Priority Date" - which is when you will be able to submit your Green Card Application. Again, having an approved I-130 will not solve this by itself. Family Sponsors Petitioning for Immigrants, How the CSPA Helps Family-Based Preference Relatives and Derivative Beneficiaries, Consequences of Unlawful Presence in the U.S.Three and Ten-Year Time Bars, The Permanent Bar to Immigration for Certain Repeat Violators. More than one petition can be on file for someone at once. If your relative is already in the United States legally, he or she may apply to adjust status to become a permanent resident after a visa number becomes available using Form I-485, Application to Register Permanent Residence or Adjust Status. This article describes how to fill out and submit that form. Just remember, this still refers to you, the U.S. petitioner. Expect this part of the process to take 6 to 10 weeks. However, you should be aware that not all family members apply. Immigration law defines a child as an individual who is under the age of 21. The following list summarizes some of the major classes of inadmissibility. Provide proof of your status to demonstrate that you are a permanent resident. Leave blank if they are living in another country. Children whom you can petition for using USCIS Form I-130 include: The immigration laws have their own definition of "child." Question 62: List the capital city of the country where your child is from if you aren't sure which consulate is the correct oneUSCIS will figure out the rest. See a lawyer if you're unsure whether your son or daughter qualifies to use this application procedureit's unlikely, unless they have a long-term, valid visa. Do Not Sell or Share My Personal Information. If the country listed doesn't have diplomatic relations with the United States, USCIS should locate a consulate in a nearby country to handle the case. By law, you must additionally agree to be the financial sponsor of your child. In that specific case, you might petition your married son/daughter once you have become as a US citizen, by initiating a different process. CitizenPath is a private company that provides self-directed immigration services at your direction. The I-130 form (officially the "Petition for Alien Relative") establishes a valid family relationship between a sponsor and a person seeking a green card. If you are a U.S. citizen or Lawful Permanent Resident with a Ukrainian relative seeking to travel to the United States on an immigrant visa: If you have an I-130 petition approved by USCIS pending processing at the National . Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Search, Browse Law Immediate relative of a U.S. citizen. Citizenship and Immigration Services (USCIS) on Form I-130, with supporting documents and a fee. An official website of the U.S. Department of Homeland Security, An official website of the United States government, To protect your privacy, please do not include any personal information in your feedback. (See I.N.A. All rights reserved. We are a law firm for immigrants by immigrants. Your legal status, the marital status of your child, and your child's age are all important factors in the immigration process. This means that you will be financially responsible before the US government for the petitioner. Citizenship Requirements for 3-Year Married Permanent Resident, Adjustment of Status Application (Form I-485), Petition to Remove Conditions of Residence (Form I-751), Green Card Process for U.S. Military Spouses, Marriage-Based Green Card: Obtaining Permanent Residence through a Spouse, Financial Sponsor Needed for a Family-Based Green Card, People with communicable diseases like tuberculosis, People with physical or mental disorders that may cause harm to themselves or others, People with convictions for crimes involving moral turpitude, People who have violated immigration laws, People with multiple criminal convictions, People likely to become dependent on need-based government assistance, I-130A, Supplemental Information for Spouse Beneficiary, I-485, Application to Register Permanent Residence or Adjust Status, I-693, Report of Medical Examination and Vaccination Record, I-765, Application for Employment Authorization, Theres a legal marriage (from any country); and. Checking that someone else has filed for the petitioner (for example, a pending F4 sibling petition by a U.S. citizen sibling does not preclude you from filing this petition, which is in category F2B petition. Key Takeaways: The process starts by filing Form I-130 (an immigrant visa petition). Do Not Sell or Share My Personal Information. evidence that you had two years of physical custody. An approved petition DOES NOT grant any benefit except to create a place in line for visa processing. Although a green card through marriage to a U.S. citizen is one of the quickest ways to immigrate, there are several steps that include application forms, a medical examination, fingerprinting, and various approvals. 1153(a)). CitizenPaths I-130 preparation software can help you prepare the I-130 petition accurately and provide a detailed list of supporting documents to submit based on your answers in the petition. Secure .gov websites use HTTPS Questions 47-50: Self explanatory, concerning the child's passport or similar travel document. The children must be under age 21 and unmarried, both at the time you file the I-130 petition for them and at the time they receive the green card. If your relative is outside the United States, your petition will be sent to the National Visa Center (NVC). For immigration purposes, a "child" is an unmarried person under 21 years of age. Learn more about FindLaws newsletters, including our terms of use and privacy policy. A "son" or "daughter" is a person who is married or is 21 years of age or older. Generally a foreign spouse that is already in the U.S. at the time of filing the Form I-130 petition may also file Form I-485, Application to Adjust Status, concurrently (at the same time). Two to three weeks after filing, you should receive both a Receipt Notice and a Biometrics Appointment Notice. Citizenship and Immigration Services (USCIS). ", Question 17: This refers to your most recent marital status. Question 19: "Place" of marriage means the city and state or country that you were married in. Question 4: Provide your child's full, current name. Question 4: This asks whether you were adopted. Note: A visa petition (Form I-130) is only used to demonstrate a qualifying relationship. A failed provisional waiver could result in the foreign spouse being barred from entry to the U.S. For these reasons, persons in this situation are highly encouraged to consult with an experienced immigration attorney before filing any USCIS forms. Unmarried minor children (under age 21) of U.S. green card holders are considered "Second Preference" relatives, in category F2A. As a lawful permanent resident (green card holder), or U.S. citizen, you can petition for your foreign-born child who is seeking U.S. resident status to immigrate to the United States and receive their own green card. 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