Tech 21 Case With Card Holder
Permanent residents, also referred to every bit green menu holders, may petition for their children to live in the United States every bit permanent residents also. Since the U.S. Citizenship and Immigration Services (USCIS) defines a "child" equally being an private who is under the age of 21 and is single, a permanent resident may besides include his or her child'south children in the petition if the child has whatsoever. A permanent resident may also petition for single sons and daughters age 21 and older and include their children in the petition as well if they take any.
Who Does the USCIS Consider to Be a Petitioner'southward Kid?
The clearing process has several criteria to consider an individual to be a petitioner's child officially. A genetic kid who was born in wedlock or out of wedlock is 1 of USCIS'due south most straightforward definitions of a "kid" in the immigration process. The USCIS does not require any further legitimization for the child if the female parent is petitioning.
Meanwhile, a male parent who is petitioning for his child may be subject to further legitimization, co-ordinate to the laws of the begetter or child's identify of residence. If the begetter's relationship to the child is non legitimized lawfully nether any applicable laws, he should show proof that a father and kid human relationship existed between them before the kid turned 21 years old and prior to the kid's marriage if applicative.
A permanent resident may too petition for a genetic kid who was conceived by artificial means through a surrogate mother. This is possible even though local laws may recognize the surrogate female parent every bit the child's legal parent at the fourth dimension of the child'southward birth.
Greenish carte du jour holders tin also petition for a stepchild or an adopted kid. Stepchildren are eligible for permanent residency if the marriage that created the pace human relationship occurred before the child turned eighteen years one-time.
The adopted child, however, should be adopted by the petitioners before the age of sixteen. In some circumstances, those who were adopted before the age of 18 may also be eligible for permanent residency. These circumstances are discussed in the Adoption-Based Family Petition Process. The adoptive petitioners should likewise satisfy the required 2-year legal custody and joint residence with the child.
Greenish card holders who are petitioning their child have to fix several documents when applying for permanent residency condition for their child. Petitioners volition be asked to provide a fully accomplished Grade I-130, Petition for Alien Relative and pay its required fees. The petitioners must also provide evidence of their condition with both front and back copies of their dark-green menu (Form I-551) and a copy of their foreign passport begetting the postage that says they are permanent residents.
If the petitioner's proper noun or his kid's proper noun changed, the petitioner should provide proof that the alter was legal. The proof may be in the form of a marriage certificate, a decree of divorce, adoption prescript or a court approving for an application for proper name change.
Light-green carte holders who are petitioning their child should provide proof of their relationship. Genetic mothers and not-genetic gestational mothers should also include a copy of the child's nascence document that was issued past ceremonious authorities along with the other required documentation. Genetic fathers should provide these, along with copies of their marriage certificates with the child'south mother or proof of the termination of the marriage if they are no longer married.
In case the begetter never married the kid's mother and the child is illegitimate, he must provide evidence that he has established a male parent-son relationship with the child before the child turned 21. The evidence may include emotional involvement in the child's life or some form of fiscal support.
Stepparents will be required to provide documentation similar to those required from genetic parents. Adoptive parents volition be asked to provide a copy of the child's original nativity certificate, proof of the legality of the adoption and proof of legal and physical custody spanning at least two years with the petitioners acting mainly as parents to the child.
The V Nonimmigrant Visa
In special cases, green card holders may utilise for a special type of visa that will permit their children to come up to the U.South. even while their petition is awaiting approval. Lawful permanent residents or their children who have a pending Form I-130 application that was filed on or prior to Dec 21, 2000, may apply for a V Nonimmigrant visa (V visa).
The V visa is a special visa granted to eligible green menu holders to permit them and their families to stay together while pending the approval of their child'southward permanent residency application. If the child is already in the U.S., the petitioner should file Form I-539 Application to Change Nonimmigrant Status and Form I-693 Report of Medical Examination and Vaccination Record. If the child is not in the U.S., he or she must go through a consular processing.
Source: https://www.questionsanswered.net/lifestyle/green-card-holder-sponsor-child?utm_content=params%3Ao%3D740012%26ad%3DdirN%26qo%3DserpIndex&ueid=6935a079-5835-4289-971e-1340cda43c45
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