Permanent residents, also referred to as light-green bill of fare holders, may petition for their children to live in the Usa as permanent residents as well. Since the U.S. Citizenship and Clearing Services (USCIS) defines a “child” as existence an individual who is nether the age of 21 and is unmarried, a permanent resident may also include his or her child’s children in the petition if the kid has whatsoever. A permanent resident may too petition for unmarried sons and daughters age 21 and older and include their children in the petition as well if they have whatever.
Who Does the USCIS Consider to Be a Petitioner’due south Child?
The immigration process has several criteria to consider an individual to be a petitioner’s kid officially. A genetic child who was born in marriage or out of wedlock is ane of USCIS’s most straightforward definitions of a “child” in the immigration process. The USCIS does not require any further legitimization for the child if the mother is petitioning.
Meanwhile, a father who is petitioning for his child may be subject to further legitimization, according to the laws of the father or kid’s identify of residence. If the father’s human relationship to the kid is non legitimized lawfully under whatsoever applicable laws, he should evidence proof that a father and child relationship existed between them earlier the child turned 21 years quondam and prior to the child’south marriage if applicable.
A permanent resident may likewise petition for a genetic child who was conceived by artificial means through a surrogate mother. This is possible even though local laws may recognize the surrogate mother as the child’s legal parent at the time of the kid’southward nascence.
Light-green bill of fare holders can also petition for a stepchild or an adopted child. Stepchildren are eligible for permanent residency if the spousal relationship that created the stride relationship occurred before the child turned 18 years sometime.
The adopted kid, however, should exist adopted past the petitioners before the age of 16. In some circumstances, those who were adopted earlier the age of eighteen may likewise be eligible for permanent residency. These circumstances are discussed in the Adoption-Based Family Petition Process. The adoptive petitioners should besides satisfy the required 2-yr legal custody and joint residence with the kid.
Light-green card holders who are petitioning their child accept to prepare several documents when applying for permanent residency condition for their child. Petitioners will be asked to provide a fully accomplished Class I-130, Petition for Alien Relative and pay its required fees. The petitioners must also provide evidence of their status with both front and back copies of their green carte (Form I-551) and a copy of their foreign passport bearing the stamp that says they are permanent residents.
If the petitioner’s name or his child’s name changed, the petitioner should provide proof that the change was legal. The proof may exist in the course of a marriage certificate, a decree of divorce, adoption decree or a court approving for an application for name change.
Green carte du jour holders who are petitioning their kid should provide proof of their relationship. Genetic mothers and non-genetic gestational mothers should also include a copy of the child’s birth certificate that was issued by civil regime forth with the other required documentation. Genetic fathers should provide these, along with copies of their union certificates with the child’s mother or proof of the termination of the marriage if they are no longer married.
In example the father never married the child’southward female parent and the child is illegitimate, he must provide evidence that he has established a male parent-son relationship with the child before the child turned 21. The bear witness may include emotional involvement in the child’due south life or some form of financial back up.
Stepparents will exist required to provide documentation like to those required from genetic parents. Adoptive parents volition exist asked to provide a copy of the child’s original birth certificate, proof of the legality of the adoption and proof of legal and physical custody spanning at to the lowest degree two years with the petitioners interim mainly every bit parents to the child.
The V Nonimmigrant Visa
In special cases, green card holders may apply for a special type of visa that volition allow their children to come to the U.S. even while their petition is awaiting blessing. Lawful permanent residents or their children who have a pending Form I-130 awarding that was filed on or prior to December 21, 2000, may use for a V Nonimmigrant visa (V visa).
The V visa is a special visa granted to eligible green card holders to let them and their families to stay together while awaiting the approval of their child’south permanent residency application. If the child is already in the U.S., the petitioner should file Form I-539 Application to Change Nonimmigrant Status and Form I-693 Report of Medical Examination and Vaccination Tape. If the child is not in the U.S., he or she must go through a consular processing.