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Obtaining Family Preference Green Cards for Children of U.S. Citizens

Obtaining Family Preference Green Cards for Children of U.S. Citizens

PUBLISHED ON: November 07

If you are a citizen and have relatives who live in another country, it is natural to want to bring them into the United States to live with you. If you are a parent, this is especially concerning for you. The U.S. has excellent educational opportunities and provides many safe communities to live in. However, you must follow the legal procedures when trying to help a family member immigrating to the United States.

How to Obtain an Immigrant Visa

Most of the different categories of visas for people who want to enter the country and become a resident are limited to only a certain number every year. Fortunately, immigrant visas for an immediate relative of United States citizens do not have a limit placed on them. As long as children of U.S. citizens are under the age of 21 years old and are unmarried, they are considered immediate relatives. To apply for an immigrant visa for an immediate family member, you must file Form I-130.

Applying for a Green Card

If you are a United States citizen and your child enters the country on an immigrant visa, they can file an application to adjust their status. Through an adjustment of status, your child can acquire a green card and become a lawful permanent resident. Family preference green cards are issued according to the relationship an immediate relative has with the United States citizen. Children of United States citizens have first priority for these types of green cards.

A child can use Form I-485 when applying to adjust their status. There are several requirements a child must meet in order to be eligible for a green card. These are as follows:

  • The child must reside and be physically present in the United States,
  • The child must have been approved for entry into the United States after they were inspected by an immigration officer and
  • The child cannot have any bars to grounds for inadmissibility or adjustments. In certain cases, waivers of inadmissibility or waivers are sometimes available.

The immigration process can also be expedited if a child files Form I-130 and Form I-485 concurrently. It is always important to speak to a lawyer when applying for a visa for your foreign national child or when trying to adjust their immigration status. A lawyer can review your case, advise on the requirements you must meet, and make sure no mistakes are made so your child can enter or remain in the country.

Our Immigration Lawyer in Illinois Can Help You Through the Process

Living apart from your child can be very difficult, and it is natural to want to bring them into the United States. Unfortunately, the process can be long and confusing. At Sverdloff Law Group, our experienced  Illinois immigration lawyer can advise on the legal procedure to follow and help you navigate it so you have the best chance of a successful outcome. Call us now or contact us online to request a consultation and to learn more.

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