While there are many immigration opportunities for children based on family status, employment of a parent, and other connections, it can be confusing to understand eligibility requirements and application procedures. The dedicated immigration team at N400 Harbor Immigration Law can help you determine the best options to obtain a Green Card for your children or for yourself based on the status of your parents. We can guide you through the immigration process to ensure that all requirements are satisfied so that you can avoid common problems that cause applications to be delayed or denied.
Immigration Based on Family Relationships
All children of U.S. citizens are eligible for a Green Card, including adopted children, but their age and marital situation will affect how quickly they can obtain status as a lawful permanent resident. Stepchildren who have not been adopted are also eligible if their birth parent married a citizen or lawful permanent resident before the child’s 18th birthday.
Unmarried children of lawful permanent residents are also eligible for a Green Card, but their application will be in a higher preference category if they are under the age of 21. Children of adult children who are eligible to apply for a Green Card can also apply based on their connection. So the opportunities can be extensive.
Some children will be in a higher priority position while others may have to wait years for a visa to become available:
Unmarried minor (under 21) children of U.S. citizens are classified as Immediate Relatives (IR). There is no limit to the number of visas issued in the IR category, so the wait to gain a Green Card is the shortest for those in this category.
Unmarried older (21 or older) children of U.S. citizens are in the First preference (F1) category. If they have children under 21, those children can be included in the application process.
Unmarried minor (under 21) children of Green Card holders are in the Second preference (F2A) category
Unmarried older (21 or over) children of Green Card holders are in the Second preference (F2B) category. If they have children under 21, those children can be included in the application process.
Married children of U.S. citizens are in the Third preference (F3) category. If they have children under 21, those children can be included in the application process.
Siblings of U.S. citizens are in the Fourth preference (F4) category. If they have children under 21, those children can be included in the application process.
In addition, if someone who is engaged to a U.S. citizen is entering the U.S. on a K-1 fiance visa to get married has a child under the age of 21, that child can get a K-2 visa to come to the U.S. and then apply to adjust status after the wedding.
Other Derivative Green Cards for Children
Children who are unmarried and under the age of 21 often have the opportunity to obtain a derivative visa based on visa applications of one or both parents. The child’s status is derived from that of the parent.
Derivative visas might provide immigrant status and a Green Card immediately, or they might be temporary visas that can provide an eventual pathway to a Green Card.
For instance, if an employer sponsors a child’s parent for an E2 immigration visa, the employee’s unmarried children under age 21 can also apply for an immigrant visa. At N400 Harbor Immigration Law, we can explore all possibilities for obtaining a Green Card for children, and help you pursue the opportunity with the most advantages.
Learn More About How to Get a Green Card for Children
Children, including adopted children and stepchildren, do not automatically receive immigration status even when they are eligible for it. Parents need to take the right steps to gain lawful permanent resident status and a Green Card, and it is often important to take action before the child turns 21.
If you are uncertain about what to do or whether your child qualifies, or if you want to find out whether you are eligible for a Green Card based on the status of your parents, schedule a consultation with the knowledgeable team at N400 Harbor Immigration Law. We are dedicated to helping families pursue the most effective legal pathways to immigration. We understand the challenges and know how to present application packages with persuasive evidence to demonstrate qualifications to avoid delays or problems with the immigration process.
To get started, schedule a consultation with N400 Immigration Law today.