Helping Sons & Daughters Qualify for Green Cards

U.S. citizens can file for their sons and daughters (married and unmarried). Lawful permanent residents can only file for their unmarried sons and daughters.

Filing a relative petition and proving a qualifying relationship is the first step to obtaining a green card for your son or daughter.  Your petition gives your son or daughter a place in line among others waiting to immigrate based on the same kind of relationship. When the place in line is reached, your son or daughter may be eligible to apply for an immigrant visa.

Your son or daughter’s place in line will be based on the date you file your petition, so there is an advantage to filing as soon as possible.

Once a child marries they are no longer qualified to immigrate as a "child" and are immediately categorized as married sons or daughters.

 U.S. citizens can sponsor unmarried and married sons and daughters, but the waiting period can be quite long based on visa availability.

There is no visa category for the married child of a permanent resident. A petition for an unmarried child of a lawful permanent resident will normally be automatically revoked if he or she gets married. If you think a child may marry before they can immigrate, you may want to not only consider filing a separate petition for them now, but also applying to become a U.S. citizen if you are eligible.

While there is no visa category for the married child of a permanent resident, there is one for the married child of a U.S. citizen. Filing a separate petition now preserves that option so if you do become a U.S. citizen before the child marries, then the separate petition could continue to be processed in the visa category for the married son/daughter of a U.S. citizen.

U.S. citizens may petition for spouses, parents, children, sons and daughters, and brothers and sisters. Lawful permanent residents may petition for spouses, children, and unmarried sons and daughters. Only these close relationships qualify for family-based immigration petitions.

In most cases, when your son or daughter's place in line is reached and he or she applies to immigrate, his or her husband or wife and unmarried children under 21 can apply as dependents, without needing separate petitions.

For example: You file a petition for your daughter. You cannot directly petition for her husband and children. However, they can apply for immigrant visas with her, when her place in line is reached.

On the other hand, a separate petition must be filed on behalf of each person who qualifies as your direct relative, including your children.

The law gives special standing to a U.S. citizen’s husband or wife, unmarried children under 21, and parents.

• There is no waiting list for immigration for these relatives.
• The Department of State will invite them to apply for an immigrant visa as soon as we approve your petition. In some cases, the petition can be filed outside the U.S., directly at the U.S. Consulate.
• If they entered legally and are currently in the U.S. (and meet certain other requirements), they may be able to file applications to adjust to permanent resident status.

For children of lawful permanent residents, the combination of high demand and the limits set by law on how many people can immigrate each year means your child may have to wait several years while petitions that were filed before theirs are served. When your child reaches the “front of the line”, the Department of State contacts your child and invites him or her to apply for an immigrant visa. If you are interested in current wait times for visa numbers, see the most recent Visa Bulletin.

Your approved petition gives your son or daughter a place in line among those waiting to immigrate. It does not let him or her come to the U.S. or remain here until he or she can apply for permanent residence. Your son or daughter should wait outside the U.S. to immigrate legally. If a sonor daughter comes or stays without legal status, it will affect his or her eligibility to become a permanent resident when their place in line for a visa is reached.

Under the law, every person who immigrates based on a relative petition must have a financial sponsor. If you choose to sponsor your son or daughter’s immigration by filing a relative petition, then when the time comes, you must agree to be his or her financial sponsor and file an affidavit of support. If you do not meet the financial qualifications, then other individuals (co-sponsors) will also have to make this commitment.

General instructions are included with the I-130 relative petition, and USCIS posts updates and fees on its web site. The I-130 petition is a legal case and mistakes or misrepresentations can jeopardize your child's chances of ever immigrating to the United States. You should carefully review the eligibility requirements, then talk with an immigration lawyer about the specific circumstances of your case. D.Ray Mantle assists clients by making sure the petition is complete and includes all of the necessary evidence to support your child's eligibility.

After your petition is filed, USCIS will mail you an official receipt so you can track the processing of your case. If your petition is incomplete, USCIS may have to reject it, or ask you for more evidence or information, which will delay processing. Working with an experienced immigration attorney from the beginning will help you avoid errors and delays.

Normally, when USCIS approves the petition, notice will be sent to the U.S. State Department’s National Visa Center (NVC). Once your son or daughter’s place in line for a visa number is reached, the NVC will notify you and your son or daughter, inviting him or her to apply for an immigrant visa at the nearest U.S. Embassy.

Processing time depends on a number of factors. You can check USCIS current processing times on our web site. Due to government backlogs and limited resources, USCIS will often postpone processing a case if the priority dates listed on the Visa Bulletin for that category represent a long waiting line for available visa numbers.

If you become a U.S. citizen while your child is waiting for a visa, you can upgrade your relative's visa classification by upgrading your petition. Unmarried children under age 21 of U.S. citizens have visas immediately available to them.

• If you become a U.S. citizen after your petition is already approved and sent to the State Department, you should notify the NVC that you have become a U.S. citizen by sending a copy of your naturalization certificate to the NVC.
• If you become a U.S. citizen and your child's petition has not yet been approved by USCIS, you will need to notify USCIS.

If your relative is your spouse and he/she has children who are your stepchildren or adopted children, and you did not file separate petitions for them, you must file separate petitions for them now with evidence of your U.S. citizenship.