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Green Card for children of a U.S. citizen

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Immigration attorney lawyer Miami Florida Oleg Otten Green Card for children

Is your family member an “immediate relative?”

Immediate relatives” of a U.S. citizen are defined as a spouse, unmarried children under the age of 21, and parents. Immediate relatives always have a visa number immediately available.

Family preference category

If the family member of the U.S. citizen is not an immediate relative, then the U.S. citizen may still be able to sponsor them via a “family preference category.” Eligible relatives are:

  • Unmarried sons or daughters over the age of 21
  • Married children of any age
  • Brothers and sisters (if the U.S. citizen petitioner is over the age of 21)

Usually, relatives have to wait until their immigrant visa number becomes available because only a limited the number of relatives may immigrate under these categories each year.

Get a Green Card for Children while inside the United States

If you are now in the United States and are one of the specified categories of relatives of a U.S. citizen in a preference category, you may be able to become a permanent resident in two steps.

  • Step One – Your U.S. citizen family member (sponsor) must file the Form I-130, Petition for Alien Relative, for you and it must be approved. You must wait for your priority date in your immigrant visa category to become current. Your priority date is the date when the Form I-130 is properly filed on your behalf by your U.S. citizen relative.
  • Step Two – Once the priority date in your visa category is current, you may file for Adjustment of Status with Form I-485, Application to Register Permanent Residence or Adjust Status. Adjustment of Status is the process you go through to become a permanent resident.

Get a Green Card for Children while outside the United States

If you are outside the United States and are one of the specified categories of relatives of a U.S. citizen in a preference category, you can become a permanent resident through consular processing. Consular processing is when the USCIS works with the U.S. Department of State to issue a visa on an approved Form I-130 petition when a visa is available. In this process the Department of State will issue you a visa. If approved, you may then travel on the visa and will officially become a permanent resident when admitted at a U.S. port of entry.

Email Miami Immigration Attorney directly: info@ottenlawfirm.com

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Miami Green Card lawyer Oleg Otten