Moving to the United States with family is a significant and often intricate undertaking. Navigating the rights of a green card holder can be complex. The United States Citizenship and Immigration Services (USCIS) dictates which relatives a green card holder can petition to live in the U.S. If you hold a green card and have questions about bringing your children to the U.S., seeking guidance and representation from an experienced Middlesex County, New Jersey Family Immigration Lawyer is crucial.
What is a Green Card?
A green card, officially known as a Permanent Resident Card, is a document that grants immigrants the privilege of residing permanently in the U.S. It affords several rights and benefits, including the ability to live and work permanently in the U.S., travel freely in and out of the country, (with certain limitations), and eventually apply for naturalization after meeting specific eligibility requirements. It’s important to note that lawful permanent residents are not technically U.S. citizens. However, they possess many of the same rights and responsibilities.
Obtaining a green card is often a complex and time-consuming process, with numerous pathways available depending on unique circumstances, such as family sponsorship, employment, investment, or refugee/asylee status. Each pathway has specific eligibility criteria that must be satisfied and applicaiton procedures that must be carefully followed. Maintaining permanent resident status necessitates compliance with U.S. immigration laws. As such, certain actions can result in its revocation and removal proceedings.
Can a Green Card Holder Bring Their Children to the United States?
Lawful permanent residents have the right to petition for certain family members, including children, to immigrate to the United States. When green card holders sponsor their children, these relatives are classified into the following second preference categories:
- 2A: Unmarried children under 21 years of age
- 2B: Unmarried children 21 years of age or older
Therefore, green card holders can sponsor their children to live in the U.S. as long as they are unmarried and under the age of 21. To initiate the process of sponsoring your children for a green card, you will need to file Form I-130, “Petition for Alien Relative.” A distinct form is required for each child. This form serves to establish your familial relationship, necessitating proof of your lawful permanent resident status and evidence of the relationship, such as birth and marriage certificates.
Upon USCIS approval of the petition, a visa number must become available according to your child’s preference category. Generally, the waiting period for a visa number can vary from several months to years. Once a visa is available, both you and your child can proceed with the green card application.
Contact the Law Offices of Aditya Surti, LLC, today if you have questions about your child’s green card eligibility or how to obtain one. Our legal team is available to assist you.