Children of Permanent Residents | Child Immigration Lawyer | Immigration Attorney for Children
According to the United States Citizenship and Immigration Service (USCIS), "the United States promotes family unity and allows U.S. citizens and permanent residents to petition for certain relatives to come and live permanently in the United States." Thus, a legal permanent resident of the U.S. may be eligible to petition for a green card for a family member who is presently living outside of the United States. For those relatives who are currently residing outside the United States or those who are not eligible to adjust their status in the United States, consular processing may be available through a U.S. embassy or consulate abroad that has jurisdiction over their foreign place of residence.
A United States citizen may petition for a green card to bring their child to live and work in the U.S. as a permanent resident, regardless of the child's age or marital status. However, if the person petitioning for the child is only a lawful permanent resident, not citizen, then the child for whom they are seeking entry must be unmarried.
If the child was born before the petitioner received his/her green card, then the child may be eligible for "following-to-join" benefits. In other words, the child will not need to wait any extra time for a visa number to become available after a USCIS Form I-130 has been submitted.
Is there a certain income the petitioner must have before their child can enter?
Yes. A petitioner must prove that he/she meets a minimum income requirement set by the United States government. The household income should be sufficient to support the family at 125% or above the U.S. poverty level for that household size. The reasoning behind this limitation is that the U.S. government does not want the child to become a public charge.
Do children need to apply for a work permit?
No. The children do not need to apply for a work permit once they are admitted to the United States as an immigrant with their green card, or if they have already been approved to live in the U.S. as permanent residents.
How can I check the status of my child's Green Card application?
A petitioner may check the status of their application online, by phone, or by contacting an appropriate USCIS office. For more information visit the USCIS Case Status page.
You may also be interested in more information on K-2 Visas for the children of foreign fiance(e)s or K-4 Visas for the children of foreign spouses immigrating to the United States.
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