MARRIED CHILDREN OVER 21
Immigration
GUIDE TO GREEN CARDS FOR MARRIED CHILDREN OF U.S. CITIZENS
US citizens have the opportunity to sponsor green cards for their married children, enabling them, along with their spouses and unmarried children under 21, to immigrate to the United States. However, navigating this process requires understanding of the complexities involved.
Eligibility and Considerations
- Children of US citizens who are married can apply for green cards.
- Children can include their spouses and unmarried children under 21 in their application.
- Under the Child Status Protection Act, children who turn 21 during the petitioning process can subtract the pending time of their visa petition from their age.
Annual Quotas and Wait Times
- Annual quotas limit the number of individuals who can immigrate under this category to 23,400.
- With over 800,000 individuals already in line, the wait time can extend up to 10 to 11 years.
- Country quotas, particularly affecting those born in the Philippines and Mexico, can increase waiting times to over 20 years.
Initiating the Petition Process
To begin the petition process, follow these steps:
Submit Forms and Documentation: Provide Form I-130 Visa Petition, proof of US citizenship, and evidence of parental relationship.
Documentation for Relationship Proof: Include relevant documents such as birth certificates, marriage certificates, or documents showing death or divorce of previous spouses.
Name Change Documentation: Submit additional documentation if names have changed since birth, demonstrating the legality of the change.
USCIS Review and Approval
Once forms, documents, and filing fees are submitted, USCIS will review the case. If approved, married children, their spouses, and children will receive green cards and become lawful permanent residents of the United States.
Adjustment of Status or Consular Processing
- If the married child entered the US lawfully, they may adjust their status without leaving the country.
- Each beneficiary must file an I-485 packet, including Form I-765 for Employment Authorization and Form I-131 for a Travel Document.
- Individuals with unlawful presence may be subject to the 3 or 10-year unlawful presence bar, but waivers may be available based on extreme hardship.
- Married children residing abroad must undergo consular processing at a US Embassy or Consulate. Waivers may be necessary, requiring the submission of Form I-601 for Waiver of Grounds of Inadmissibility.
Navigating the green card process for married children of US citizens requires thorough documentation, adherence to procedures, and potential waivers for certain circumstances. Seeking guidance from experienced immigration attorneys can streamline the process and increase the likelihood of success.