Green Card Application for Children of U.S. Citizens and Green Card Holders
Green Card Application for Children: Learn how U.S. citizens and Green Card holders can apply for their children with key details!
By Asim Kilinc, Immigration Attorney at Clinch Law Firm
The United States immigration system allows U.S. citizens and Green Card holders to apply for lawful permanent residency (Green Card) for certain family members, facilitating family reunification. Among these family members, U.S. citizens and Green Card holder parents can apply for a Green Card on behalf of their children. However, the application process varies based on factors such as the child’s age, marital status, and the parent’s citizenship status.
In this article, we will explore how U.S. citizen and Green Card holder parents can apply for a Green Card for their children and the important details of the process.
- Green Card Application for Children of U.S. Citizen Parents
- Green Card Application for Children of Green Card Holder Parents
- Required Documents for Green Card Application
- Key Considerations During the Application Process
If you have further questions regarding this topic, feel free to reach out through the comment section below, message me directly on LinkedIn, or contact me via the Clinch Law Firm Immigration Attorney Firm’s website.
Green Card Application for Children of U.S. Citizen Parents
Summary of Green Card Categories for Children (U.S. Citizens & Green Card Holders)
| Parent Status | Child Category | Eligibility | Wait Time |
|---|---|---|---|
| U.S. Citizen | Unmarried Under 21 (IR Category) | Immediate Relative – no annual limit | Fastest processing |
| U.S. Citizen | Unmarried 21+ | F1 Preference Category | Longer waiting times |
| U.S. Citizen | Married Children (Any Age) | F3 Preference Category | Longest wait; spouse & kids included |
| Green Card Holder | Unmarried Under 21 | F2A Category | Moderate wait time |
| Green Card Holder | Unmarried 21+ | F2B Category | Longer wait; priority date crucial |
U.S. citizens enjoy certain advantages when applying for a Green Card for their children. These advantages include a typically faster application process and fewer restrictions. Children of U.S. citizens are divided into three categories based on their age and marital status:
1. Unmarried Children Under 21 (Immediate Relative Category)
A U.S. citizen parent can apply directly for a Green Card for their unmarried children under the age of 21. These applications fall under the “Immediate Relative” category, which is not subject to annual numerical limits. This leads to a faster application process with generally shorter waiting times.
Application Process: To apply under this category, the U.S. citizen parent must submit Form I-130 (Petition for Alien Relative) to U.S. Citizenship and Immigration Services (USCIS). Once USCIS approves the petition, the National Visa Center (NVC) takes over to initiate the visa process. If the child is outside the U.S., an immigrant visa application will be made through the U.S. Embassy or Consulate. If the child is in the U.S., they can complete the process by filing for adjustment of status.
2. Unmarried Children Over 21
U.S. citizen parents can also apply for a Green Card for their unmarried children over the age of 21. However, these applications fall under the “Family Preference Category” and are subject to annual numerical limits, which may result in longer waiting times. Children in this group are classified under the “First Preference Family Category (F1).”
Application Process: The U.S. citizen parent begins the process by filing Form I-130 with USCIS. Once approved, the child can either apply for adjustment of status if in the U.S. or apply for an immigrant visa through consular processing if outside the U.S. The priority date is crucial in these applications, as the NVC processes cases based on the date when the application was filed.
3. Married Children
U.S. citizen parents can also apply for a Green Card for their married children. These applications fall under the “Third Preference Family Category (F3)” and usually involve longer waiting times, as both the child, their spouse, and any unmarried children under 21 are included in the application.
Application Process: Form I-130 must be submitted to initiate the process. However, due to the annual numerical limits for this category, the waiting period may be extended. Married children can include their spouse and unmarried children under 21 in the application.
Green Card Application for Children of Green Card Holder Parents
Green Card holders (lawful permanent residents) can also apply for a Green Card for their unmarried children. However, they cannot file applications for their married children. Green Card holder parents are divided into two categories when applying for their children:
1. Unmarried Children Under 21
Green Card holders can apply for their unmarried children under the age of 21 under the “Second Preference Family Category (F2A).” Although this category takes longer than applications for U.S. citizens’ children, it still prioritizes unmarried children.
Application Process: The parent must file Form I-130 with USCIS. If the child is in the U.S., they may apply for adjustment of status, while those outside the U.S. will undergo consular processing at a U.S. Embassy or Consulate.
2. Unmarried Children Over 21
Green Card holders can also apply for their unmarried children over the age of 21 under the “Second Preference Family Category (F2B).” The processing time for these applications depends on the priority date.
Application Process: The parent files Form I-130, and the NVC processes the application based on the priority date. The waiting period in the F2B category is generally longer than in F2A, so applicants must be patient.
Required Documents for Green Card Application
As with any Green Card application, parents of U.S. citizens or Green Card holders must submit specific documents when applying for their children. Here are the key documents required for the process:
- Form I-130: The petition form submitted by the U.S. citizen or Green Card holder parent.
- Birth Certificate: To prove the parent-child relationship.
- Marriage Certificate (if applicable): To prove the parent is the child’s legal guardian.
- Proof of U.S. Citizenship: If the parent is a U.S. citizen, proof such as a birth certificate, citizenship certificate, or passport must be provided.
- Copy of Green Card: If the parent is a Green Card holder, a copy of their Green Card must be included.
Key Considerations During the Application Process
- Complete Form I-130: It is crucial to fill out Form I-130 accurately and completely to avoid delays or denials.
- Waiting Periods: Applications for married children and unmarried children over 21 may take longer due to numerical limits. The priority date plays a significant role in processing.
- Immigrant Visa: If the child is living outside the U.S., they must apply for an immigrant visa through the consular process once the petition is approved.
Conclusion
U.S. citizens and Green Card holder parents can apply for a Green Card on behalf of their children, with the process varying based on the child’s age and marital status. Ensuring that all required documents are submitted accurately is crucial for a smooth process. For professional assistance and detailed advice, feel free to contact us at clinchlaw.com or via info@clinchlaw.com.
