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How
Do I Bring My Children to Live in the United States?
Background
A lawful
immigrant is a non-citizen who has been granted the privilege of
living and working permanently in the United States. A child is
defined under the immigration law as an unmarried person under the
age of 21.
The definition
of a child includes:
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A step-child if the
parent's marriage took place before the child reached the age of 18
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A child born out of
wedlock if the child has a "bona-fide" relationship with
the parent who is filing the petition
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An adopted child if
the child was adopted before the age of 16 and has lived with the
adoptive parent(s) for at least two years
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A child who is
considered an orphan under the immigration law
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An adopted child under
the age of 18 who is the natural sibling of an orphan or adopted
child under the age of 16, if adopted with or after the sibling.
Lawful Permanent Residents
If you are a lawful permanent resident you may petition for a minor
child or an unmarried son or daughter over the age of 21. Your child
must go through a three-step process to become a lawful immigrant.
First, the INS must approve an immigrant
petition (application), Form I-130 Petition for Alien Relative
that you file for your
child. Second, the State Department must give your child an
immigrant visa number, even if your child is already in the United
States. Third, if your child is already in the United States, your
child may apply to adjust to permanent resident status when a visa
number becomes available. If your child is outside the United States
when an immigrant visa number becomes available, your child will be
notified to go to the local U.S. consulate to complete the
processing for an immigrant visa.
U.S.
Citizens
If you are a U.S. citizen, your minor child (unmarried and under 21
years of age) will be considered an "immediate relative"
and will receive an immigrant visa to enter the United States. To
receive an immigrant visa you must prove your relationship to your
child and your child must be admissable under the immigration law.
You will need to file a Form I-130 Petition for Alien Relative. You
may also file a petition for an unmarried son or daughter over the
age of 21 or a married son or daughter under the preference
classifications by filing a Form I-130 Petition for Alien Relative.
After the petition is approved by the Immigration and Naturalization
Service, the State Department will give your son or daughter an
immigrant visa number as soon as a number is available. You may file
a Form I-485 Application for Adjustment of Status to Permanent
Resident at the same time. However the application for adjustment of
status will not be considered until a visa number is immediately
available and the petition for immediate relative or preference
classification is approved.
Who is Eligible?
A U.S. citizen may
petition to bring a child to live in the United States permanently
if the child falls under the definition of a "child, son or
daughter" under the immigration law. Only a US citizen may
bring an orphan child to the United States. Also, a lawful permanent
resident may only petition for an unmarried child of any age. Your
child must have an immigrant visa number available to enter the
United States and to become a lawful permanent resident.
If you had
children before you became a permanent resident, your children may
be eligible to receive following-to-join benefits. This means that
you would not have to submit a separate INS Form I-130 (Petition for
Alien Relative) for your children, and your children will not have
to wait any extra time for a visa number to become available. The
requirements for following-to-join benefits is indicated later in
this section.
Please note that if you are a U.S. citizen, you do not need to file separate visa petitions for the unmarried, minor
children of your unmarried
child over the age of 21. You also do
not need to file separate visa petitions for the spouse or
unmarried, minor children of your
married child of any age. If you are a lawful permanent resident,
you do not need to file separate visa petitions for the unmarried, minor
children of your unmarried
child.
What
is the Application procedure for bringing my children to live in the
United States?
You may be
eligible for one of the three application procedures outlined below:
1) You are a U.S. citizen or lawful
permanent resident applying to bring your children to the United
States to live.
2) Your parent or sibling
is applying to bring you
to the United States to live. You would like to bring your children to live in the United States with you.
3) You had children before you became a
lawful permanent resident, and your children did not physically
accompany you to the United States. You would now like your children
to join you in the United States.
1) You are a U.S.
citizen or lawful permanent resident applying to bring your children
to the United States to live.
If you are a
U.S. citizen or lawful permanent resident and the mother
of the child, you must file the following items with the Immigration
and Naturalization Service:
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Form I-130 Petition
for an Alien Relative
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U.S. citizen's birth
certificate (copy), Certificate of Naturalization or Citizenship; or
the lawful permanent resident's alien registration receipt card
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Copy of child's birth
certificate showing your name and the name of the child
If you are a
U.S. citizen or lawful permanent resident and the father
or stepparent of the child, you must file the following items
with the Immigration and Naturalization Service:
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Form I-130 Petition
for an Alien Relative
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U.S. citizen's birth
certificate (copy), Certificate of Naturalization or Citizenship; or
the lawful permanent resident's alien registration receipt card
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Copy of child's birth
certificate showing the name of both parents
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Copy of marriage
certificate showing the names of both parents, or proof that a
parent/child relationship exists or existed.
(If you are a
stepparent, the date on the marriage certificate should prove that
you married your stepchild's natural parent before your stepchild's
18th birthday.)
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A copy of any divorce
decrees, death certificates, or annulment decrees showing that any
previous marriages entered into by you or your spouse ended legally.
If you are a
U.S. citizen or lawful permanent resident and the adoptive
parent of the child, you must file the following items with the
Immigration and Naturalization Service:
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Form I-130 Petition
for an Alien Relative
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U.S. citizen's birth
certificate (copy), Certificate of Naturalization or Citizenship; or
the lawful permanent resident's alien registration receipt card
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Certified copy of the
adoption decree
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The legal custody
decree if you obtained custody of the child before adoption
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Statement showing the
dates and places you have lived with the child, and proof that you
lived with your child as a parent for at least two years.
At
the same time, your child may be eligible to follow the application
procedures listed below:
If you are a U.S.
citizen, and your child is unmarried, under 21 years, and
currently inside
the borders of the United States, your child
may file the following materials with the Immigration and
Naturalization Service. These application items can be submitted at
the same time as your Form I-130, Petition for an Alien Relative:
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Form I-485 Application
to Register Permanent Residence or Adjusted Status
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Form G-325A Biographic
Data Sheet (if age 14 or older)
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Birth certificate
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Form I-693 Medical
Examination Sheet
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Two color photos taken
within 30 days (Please see Form I-485 for more instructions on
photos.)
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The Form I-130,
Petition for Alien Relative your parent filed for you, or the I-797
approval notice for the I-130 visa petition
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Form
I-864 Affidavit of Support (completed by the sponsor)
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Form I-765
Authorization for Employment (if child is over 14 and will seek
employment while case is processed)
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Evidence of inspection
or parole into the United States (INS Form I-94, Arrival-Departure
Document.)
In
all other cases:
You will be
notified by the INS if your I-130, Petition for Alien Relative is
approved or denied. If it is approved, your child will be notified
when a visa number is available. If your child is outside the
country, your child must then go to the local U.S. consulate for
processing. If your child is legally inside the United States when a
visa number becomes available, your child should apply to adjust to
Permanent Resident Status.
2)
Your parent or sibling is applying to bring you
to the United States to live. You would like to bring your
children to live in the United States with you.
If
your parent is a U.S. citizen and is petitioning for you to come to
the United States on Form I-130, Petition for Alien Relative, and
you are married (does not matter what age) or unmarried and over 21,
your spouse and unmarried
children under the age of 21 do not require a separate visa
petition. Your children will be included in the visa petition your
parent is filing for you (see instructions above in #1).
If
your parent is a lawful permanent resident and is visa petition for
you to come to the United States, and you are unmarried (your age
does not matter), your
unmarried, minor children do not require a separate visa petition.
Your children will be included in the visa petition your parent is
filing for you (see instructions above in #1).
If
your brother or sister is petitioning for permanent residence status
for you on Form I-130, Petition for an Alien Relative, your
spouse and unmarried children under the age of 21 and spouse do not
require a separate visa petition. Your children will be included in
the visa petition your sibling is filing for you.
Your
parent or sibling will be notified by the INS if their Form I-130,
Petition for Alien Relative is approved or denied. If it is
approved, you and your children will be notified when a visa number
is available. If you are outside the country, you then must go to
the local U.S. consulate for processing. If you are legally inside
the United States when a visa number becomes available, you should
apply to adjust to Permanent Resident Status.
3) You had children before
you became a lawful permanent resident, and your children did not
physically accompany you to the United States. You would now like
your children to join you in the United States.
If
you had children before you became a lawful permanent resident, your
children may be eligible for following-to-join benefits. This means
that you do not have to submit a separate Form I-130, Petition for
Alien Relative, for your children, and your children will not have
to wait any extra time for a visa number to become available. In
this case, you can simply notify a U.S. consulate that your status
has been adjusted to lawful permanent resident so that your children
can apply for immigrant visas. Your children may be eligible for
following-to-join benefits in the following cases if your children
are unmarried, under 21, and your relationship with them still
exists:
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You
received a fiance visa;
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You
received a diversity immigrant visa;
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You
received an employment immigrant
visa;
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You
received an immigrant visa based on your relationship with your
sibling;
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You
received an immigrant visa based on your relationship with your U.S.
citizen parents when you were married or when you were unmarried and
over 21;
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You
received an immigrant visa based on your relationship with your
lawful permanent resident spouse;
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You
received an immigrant visa based on your relationship with your
lawful permanent resident parents when you were unmarried.
If
you fall into these categories, please submit the following
information to the Immigration and Naturalization Service:
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Form I-824 Application
for Action on an Approved Application or Petition
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A copy of
the original application or petition that was used to apply for your
immigrant status
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A copy of
the I-797 Notice of Action for your
original application or petition
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A copy of
your Certificate of Naturalization, if applicable.
If
the I-824 is approved, INS will notify a U.S. consulate that your
status has been adjusted to lawful permanent resident so that your
children can apply for immigrant visas. You must then ask your
children to report to the local U.S. consulate to complete the
processing.
Will
My Child Get a Work Permit?
Applicants who are inside the United States and have filed INS Form
I-485 (Application to Register Permanent Residence or Adjust Status)
are eligible to apply for a work permit while their case is pending.
If your child is over the age of 14 and wants to work, then your
child should use Form I-765
to apply for a work permit.
Your child does not need to apply for a work permit once they arrive
with an immigrant visa or adjust to permanent resident status. As a
lawful permanent resident, your child should receive an alien
registration card. This card will prove that your child has a right
to live and work in the United States permanently. If your child is
now outside the United States, your child will receive a passport
stamp upon arrival in the United States. This stamp will prove that
your child is allowed to work until an alien registration card is
created.
How
Can I Check the Status of My Visa Petition?
To check the status of your application, please contact the
INS office that received your visa petition. You should be prepared
to provide the INS staff with specific information about your visa
petition.
How
Can I Appeal?
If the visa petition you filed for your child is denied, the denial
letter will tell you how to appeal. Generally, you may appeal within
33 days of receiving the denial. After your appeal form and a
required fee are processed, the appeal will be referred to the Board
of Immigration Appeals in Washington, D.C.
Can
Anyone Help Me?
If advice is needed, you may contact the INS District Office near
your home for a list of community-based, non-profit organizations
that may be able to assist you in applying for an immigration
benefit.
How Do I Apply for Immigrant Status Based on Employment?
How Do I Become a Lawful Permanent Resident While in the United States?
How do I bring my brother/sister to the United States?
How do I bring my Fiancé(e) to the United States?
How Do I Bring My Parents to Live in the United States?
How Do I File an Affidavit of Support?
How Do I Get a Work Permit?
How Do I Replace My Permanent Resident Card?
US IMMIGRATION GLOSSARY AND ACRONYMS
Sourced
from the US Department of Justice – Immigration and Naturalization Service
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