UNMARRIED CHILDREN OVER 21
Immigration
GUIDE TO GREEN CARDS FOR UNMARRIED SONS AND DAUGHTERS OF US CITIZENS
US citizen parents hold the privilege of sponsoring green cards for their unmarried sons and daughters aged 21 or older, regardless of their marital status. This includes children who have never married, as well as those who are divorced or widowed. Additionally, grandchildren under 21 and unmarried can immigrate alongside their parent.
Understanding the Process
Whilst the process offers a path to permanent residency, certain factors impact the timeline:
Priority Date Consideration: Under the Child Status Protection Act, children who turn 21 during the petition process can subtract the time their visa petition (Form I-130) was pending from their age when their priority date became current.
Annual Quotas: Only 23,400 green cards are available annually for unmarried sons and daughters of US citizens. With over 280,000 individuals already in line, wait times can extend up to 7 or 8 years. For individuals born in the Philippines or Mexico, per-country quotas may further increase wait times to over 11 years and 20 years, respectively.
Sponsoring Procedure
To initiate the sponsorship process, follow these steps:
Submit Form I-130 Visa Petition: Include proof of US citizenship and evidence of parental relationship. If names have changed, additional paperwork is required.
USCIS Review: Upon receiving forms, documents, and filing fees, USCIS will review the petition. Once approved and the priority date is current, your child and their children will undergo interviews and, if successful, become lawful permanent residents.
Adjustment of Status or Immigrant Visa Interview: If your child resides in the US, they can submit an I-485 packet to adjust their status without leaving the country. Those abroad will undergo an immigrant visa interview at a US Embassy or Consulate.
Monitoring Petition Status: Utilize Case Status Online with your application receipt number to track petition progress.
Appeal Process
In the event of petition denial, you may file an appeal form and be referred to the Board of Immigration Appeals upon processing the required fee.
Navigating the green card sponsorship process for unmarried sons and daughters requires careful attention to detail and understanding of procedures. Seek guidance from our firm to navigate potential complexities and ensure a smooth application process.