If you are a U.S. citizen and want to sponsor your child, son, or daughter for a green card, family-based immigration may provide a path to lawful permanent residence. Eligibility and wait times depend on your child's age and marital status. The process begins with a petition filed with USCIS, and may continue through adjustment of status (if your child is already in the U.S.) or consular processing (if your child is outside of the U.S.).
Do I Qualify?
U.S. Citizen
You must be a U.S. citizen to petition for your child, son, or daughter.
Qualifying Parent-Child Relationship
You must be able to establish a qualifying parent-child relationship with documentary proof.
Immigration Eligibility
Your child, son, or daughter must generally be eligible to receive immigration benefits.
Financial Sponsorship
You must generally be willing and able to provide financial sponsorship through Form I-864.
Admissibility Requirement
Your child, son, or daughter must generally be admissible to the U.S.
Age and Marital Status
Eligibility category and visa wait time depend on age of the child and marital status of the son or daughter.
Documents to Gather
Proof of U.S. Citizenship
U.S. passport, U.S. birth certificate, naturalization certificate, or Consular Report of Birth Abroad (CRBA).
Proof of Parent-Child Relationship
Your child's birth certificate. If you are the genetic father, step-parent, adoptive parent, or if your child was born through assisted reproductive technology, additional documentation may be required.
Identity and Civil Documents
Passports, government-issued identification documents, and birth certificates.
Immigration Records (If Applicable)
Prior immigration filings, admission records, visas, and related immigration documents.
Financial Documentation
Federal tax returns, W-2s, pay stubs, employment verification, and other documentation required for Form I-864.
Additional Documents May Be Required
Legal name change documents, police records, certified English translations, and other supporting documentation depending on the circumstances of the case.
Filing Fees
Attorney Fees
Government Fees and Miscellaneous Costs
Timeline
Schedule A Consultation With An Attorney
The process of obtaining a green card for a child, son, or daughter involves several stages and documentation requirements. The process generally begins with an initial consultation.
File Form I-130 With USCIS
Form I-130 is filed with USCIS to establish the qualifying relationship. USCIS processing times vary and are subject to change. For the most current information from USCIS, check their Case Processing Times.
Adjustment Of Status Or Consular Processing
The case proceeds through adjustment of status within the U.S. or consular processing abroad. A Visa Bulletin wait applies only for sons or daughters 21 or older, or married sons or daughters.
Affidavit Of Support
Form I-864, Affidavit of Support, is prepared and submitted as part of the immigration process.
Medical Examination
A medical examination may be required as part of the immigration process. This examination must generally be completed by a USCIS-designated civil surgeon or an approved panel physician.
Interview Preparation And Interview (If Required)
If an interview is required, we review the required documents and discuss what to expect during the process.
Decision And Lawful Permanent Residence
USCIS or the Department of State issues a decision after reviewing the application and supporting documentation. If approved, lawful permanent resident status is granted and a permanent resident card (green card) is issued.
Complex Case Factors
Category and Age-Related Changes
A child's category can be affected by turning 21 or getting married, both of which can change processing timelines.
Parent-Child Relationship Documentation
Certain parent-child relationships have specific documentation and requirements.
Immigration Violations
Prior immigration violations, unlawful presence, or removal proceedings may affect eligibility.
Disclaimer & Attorney Advertising: The information on this website is provided for general informational purposes only and does not constitute legal advice. Visiting this site, submitting a contact form, or contacting the Law Office of Ashley Weston does not create an attorney-client relationship. An attorney-client relationship is only established through a written, signed retainer agreement.
The Law Office of Ashley Weston is a Professional Law Corporation incorporated in Sacramento and licensed to practice law in the State of California. Our practice is limited to California Limited-Scope services and Federal Immigration Law nationwide. We do not practice the state laws of jurisdictions outside of California.
All legal matters are fact-specific, and prior testimonials or results do not guarantee a similar outcome. This website constitutes attorney advertising under California Rules of Professional Conduct and applicable rules in other jurisdictions. Attorney responsible for this advertisement: Ashley Weston, Esq., Sacramento, California.