A parent can petition a child over 21 for a U.S. green card, but the process varies depending on several factors, including the parent’s immigration status and the child’s marital status. This guide will walk you through the steps and considerations involved in this process, providing comprehensive insights and practical advice.
How Can a Parent Petition a Child Over 21?
Petitioning a child over 21 for a green card involves filing a family-based immigration petition. The process is influenced by the parent’s status as a U.S. citizen or a green card holder, and whether the child is married or unmarried.
Eligibility Requirements
- U.S. Citizen Parents: Can petition both unmarried and married children over 21.
- Green Card Holder Parents: Can only petition unmarried children over 21.
Filing the Petition
- Form I-130: The first step is to file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS).
- Proof of Relationship: Submit evidence of your relationship, such as birth certificates and any other relevant documents.
- Supporting Documents: Include proof of the parent’s citizenship or permanent resident status.
Processing Times and Visa Categories
The processing time can vary significantly based on the child’s category:
- Unmarried Sons/Daughters of U.S. Citizens: Fall under the Family First Preference (F1) category.
- Married Sons/Daughters of U.S. Citizens: Fall under the Family Third Preference (F3) category.
- Unmarried Sons/Daughters of Green Card Holders: Fall under the Family Second Preference (2B) category.
Each category has specific visa availability and waiting periods, which can be checked on the U.S. Department of State’s Visa Bulletin.
What Are the Challenges and Considerations?
Visa Bulletin and Priority Dates
- Priority Date: This is the date USCIS receives your Form I-130. It determines your place in the visa queue.
- Visa Bulletin: Published monthly, it indicates which priority dates are currently being processed.
Potential Delays
- Backlogs: Family preference categories often face significant backlogs, leading to long wait times.
- Changes in Marital Status: If an unmarried child marries before the visa is issued, it can affect eligibility.
Case Study Example
Consider a U.S. citizen parent petitioning an unmarried son over 21. If the priority date is current, the process may take several years due to high demand in the F1 category. However, once the priority date becomes current, the son can proceed with applying for a green card.
What Are the Steps After Petition Approval?
Once USCIS approves the I-130 petition:
- National Visa Center (NVC) Processing: The case is transferred to the NVC, which handles visa processing.
- Visa Application: The child submits Form DS-260, Immigrant Visa Application, and attends a visa interview at a U.S. consulate.
- Adjustment of Status: If the child is already in the U.S., they may apply to adjust their status to permanent resident.
People Also Ask
Can a Green Card Holder Petition a Married Child Over 21?
No, green card holders cannot petition married children. Only U.S. citizens can petition married sons and daughters over 21.
How Long Does It Take to Petition a Child Over 21?
The timeline varies by category and country of origin. It can range from a few years to over a decade due to visa backlogs.
What Happens If My Child Gets Married After I File the Petition?
If the petitioner is a green card holder, the petition becomes invalid if the child marries. If the petitioner is a U.S. citizen, the petition moves to the F3 category.
Can My Child Work While Waiting for a Green Card?
If the child is in the U.S. on a valid visa, they may work if the visa permits employment. Otherwise, they must wait until they receive work authorization.
Is There a Way to Speed Up the Process?
Unfortunately, there are limited options to expedite family-based visas. Keeping documents updated and promptly responding to USCIS requests can help avoid unnecessary delays.
Conclusion
Petitioning a child over 21 for a green card is a complex process that requires careful planning and understanding of immigration laws. By staying informed about the visa bulletin, maintaining clear communication with USCIS, and seeking legal advice if needed, parents can navigate this journey more effectively. For more information on related topics, consider exploring articles on family-based immigration categories and the adjustment of status process.
