Obtaining a green card in the United States can be a complex journey, especially when your child, the potential sponsor, is over 21 years old. In this guide, we’ll delve into the key steps and considerations for individuals seeking permanent residency through family sponsorship in such situations. Below we will discuss the Green card process with a child over 21.
Understanding the Basics:
When a child in the U.S. turns 21, they are eligible to sponsor their parents for a green card because they are an immediate relative of an U.S. citizen. However, the parents’ immigration status plays a crucial role in this process. If the parents are undocumented, addressing their status becomes a priority before proceeding with the application.
Assessing Eligibility:
- Verify the sponsoring child’s age: Ensure they are at least 21 years old.
- Determine the parents’ immigration status: If the parents are undocumented, explore options to rectify their status.
Addressing Immigration Status:
- Consult an immigration attorney: Seek professional advice to understand the available pathways to resolve any immigration issues.
- Explore potential waivers: In some cases, waivers may be available to overcome certain grounds of inadmissibility.
Filing the Petition:
- Complete Form I-130: This is the petition for alien relatives, where the sponsoring child files on behalf of their parents.
- Submit supporting documents: Include evidence of the family relationship, such as birth certificates and proof of citizenship for the sponsoring child.
Waiting Periods and Visa Availability:
- Check visa bulletin updates: The waiting time for visa availability can vary. Regularly check the Visa Bulletin for updates on family-sponsored preferences.
Consular Processing or Adjustment of Status:
- Consular Processing: If the parents are outside the U.S., they go through consular processing at a U.S. embassy or consulate.
- Adjustment of Status: If the parents are already in the U.S., they can apply for adjustment of status.
Attending Interviews:
- Prepare for interviews: Both the sponsoring child and the parents will typically need to attend interviews as part of the application process.
Navigating the green card application process when a child is over 21 requires careful consideration of immigration status.
While a child born in the United States is granted U.S. citizenship, it doesn’t automatically confer legal status on the parents. The child can sponsor their parents when they turn 21, but the parents’ immigration status is a crucial factor. If the parents are undocumented, it might be challenging, and they may need to address their status before pursuing a green card through family sponsorship. Immigration laws are complex, so consulting with an immigration attorney for personalized advice is recommended.
Do you have a child who is a US citizen over the age of 21 years old? Do you want to find out more about the Green card Process with a child over 21? Would you like to apply for your Green Card? If so, contact us today for a free consultation.
