Green Card for Unmarried Children Of U.S. Citizens
The unmarried son or daughter of a U.S. citizen is eligible for immigration in either the immediate relative category or the 1st Preference category. Stepchildren may also qualify for lawful permanent residency (Green Card), provided the child was under the age of 18 at the time of the marriage of the parent to the U.S. citizen.
Unmarried Child Of A U.S. Citizen under the age of 21 Inside The United States
The unmarried married son or daughter of a United States citizen under 21 can qualify for "adjustment of Status " while in the United States as an “immediate relative” immigrant. This can be done only if the son or daughter either (1) entered with a visa or visa waiver program and they are still under the age of 21 on the date of filing or (2) if they entered illegally or are out of status a an application for immigrant status with the USCIS was filed before 4/30/01 or with the department of labor for Labor Certification before 4/30/01. All other sons or daughters of U.S. Citizens that either entered illegally in the United States or they are out of legal status will have to Visa Process and may have to apply for a waiver of the 3/10-year bar.
The adjustment of Status application is filed with the local USCIS office having jurisdiction over the Petitioner's residence. The packet is generally filed with an application for Employment Authorization and if desired with a permission to travel during the process (Advance Parole), if they have not been out of status for a period of over 6 months on the date of filing. A few months later a notice is sent directing the applicant to (1) appear for processing of the employment authorization (EAD) (2) take fingerprints (3) appear for the adjustment interview. On the date of the adjustment interview you should be granted a permanent Immigrant Visa (Green Card). The son or daughter may file for U.S. citizenship 4 years and 9 months after the approval of the Permanent Visa (Green Card).
Unmarried Child Of A U.S. Citizen over the age of 21 Inside The United States
The unmarried married son or daughter of a United States citizen over 21 can qualify for "adjustment of Status " while in the United States as a "1st preference" immigrant. This can be done only if the son or daughter either (1) entered with a visa or visa waiver program and and they remain in legal status or (2) if they entered illegally or are out of status and they or their parent filed an application for immigrant status with the USCIS or the Labor Department before 4/30/01. All other sons or daughters of U.S. Citizens that either entered illegally in the United States or they are out of legal status will have to Visa Process and may have to apply for a waiver of the 3/10-year bar.
The adjustment of Status application is filed with the local USCIS office having jurisdiction over the Petitioner's residence. The packet is generally filed with an application for Employment Authorization and if desired with a permission to travel during the process (Advance Parole), if they have not been out of status for a period of over 6 months on the date of filing. A few months later a notice is sent directing the applicant to (1) appear for processing of the employment authorization (EAD) (2) take fingerprints (3) appear for the adjustment interview. On the date of the adjustment interview you should be granted a permanent Immigrant Visa (Green Card). The son or daughter may file for U.S. citizenship 4 years and 9 months after the approval of the Permanent Visa (Green Card).
Unmarried Child Of A U.S. Citizen Living Outside The United States
The first step in establishing your eligibility to immigrate to the United States is to have your U.S. citizen parent file an Immigrant Visa Petition with the office of the Immigration and Naturalization Service (INS) having jurisdiction over his/her place of residence.
Petitions Required to be Filed in the U.S. – File the I-130 petitions at the USCIS Service Center having jurisdiction over their place of U.S. residence.
Filing Petitions Abroad - Petitions, Form I-130, which can be filed abroad, are limited. Petitions for immediate relative immigrant or 1st preference petition classifications can be filed abroad by American citizen petitioners who have been authorized to be continuously resident in their consular districts for at least the preceding six months, including members of the U.S. armed forces, emergency cases involving life and death or health and safety, and others determined to be in the national interest. Petitions are filed with USCIS abroad or at the U.S. Embassy or Consulate (when there is no USCIS presence).
If the U.S. citizen parent (the petitioner) presently resides abroad, s/he can file petition by post to the USCIS office at the Embassy. Proof of residence in the country is required If the petition is approved, the petition will be forwarded to the National Visa Center and will eventually send the approved petition to the Immigrant Visa Branch at this Embassy for further processing of the visa.
If your U.S. citizen parent resides in the U.S. s/he should file with the USCIS office having jurisdiction over his/her place of residence in the United States. The processing can take several months. USCIS will send the approved petition to the National Visa Center (NVC) for further processing
NVC plays an important role in the U.S. immigration process. NVC provides instructions to petitioners and sponsors, and receives from sponsors, the required Affidavit of Support forms, fees, other required documents, and much more.
For numerically limited family preference petitions, NVC contacts the petitioner once the petition’s immigration wait nears end, and the priority date is about to come current.
Once the priority date is current the NVC will send you a package to prepare. This package contains all the vital information needed to approve the Permanent Visa (Green Card). You will send the completed package to the U.S. consulate were the parent resides.
The U.S. Consulate will notify you of the interview date and the address for the medical exam and fingerprints once the priority date become current.
Accompanying Children
The children under the age of twenty-one who are traveling with the unmarried son or daughter of a U.S. Citizens may be included in the petition.
Find out about the Preference System.
Find out how the Visa Bulletin and Priority Date Affects this type of case.
Find out about "Adjustment of Status."
Find out about how Section 245(i) adjustment helps if the applicant is illegal.
