Green Card Application for Children of U.S. Citizens and Green Card Holders

By Asim Kilinc, Immigration Attorney at CK 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 CK Law Firm Immigration Attorney Firm’s website.

Green Card Application for Children of U.S. Citizen Parents

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 cklawfirm.org or via info@cklawfirm.org.

Who is Attorney Asım Kılınç?

Attorney Asım Kılınç is the co-founder of CK Law Firm and is recognized for his expertise in immigration law and U.S. asylum applications. Kılınç completed his Master’s degree at Southern Methodist University Dedman School of Law and is a member of the Missouri Bar Association, with a focus on U.S. immigration law.

Attorney Kılınç’s extensive knowledge and experience in immigration law have significantly contributed to CK Law Firm’s success in this field. He has actively participated in the preparation of over 1,000 cases, demonstrating his expertise in this area. By providing comprehensive and professional legal support to his clients, he helps them adapt to their new lives in the U.S.

Attorney Kılınç is also well-versed in U.S. asylum applications. He meticulously guides his clients through the process and ensures they receive the best legal advice. He provides top-quality service to clients in matters of citizenship, Green Card, work permits, and other immigration processes, supporting them from start to finish on their journey to U.S. citizenship.

Attorney Asım Kılınç, who solidifies CK Law Firm’s leadership in immigration law and U.S. asylum applications, offers reliable and effective legal consultancy services to clients, assisting them in building a new life in the U.S.