A legal permanent resident (a foreign-born individual who has a green card) can apply to bring a child to the US, according to their age and marital status. According to the immigration laws of the United States, a “child” is a son or daughter under the age of 21 years who is not married. This concept also includes the children of their children. Permanent residents may also present a petition on behalf of their sons or daughters who are not married who are over 21 years old (and their children).
If you would like more information on this topic, including the requirements for naturalized citizens of the united States, see the section Bringing a child to live in the United States. Below, we present information complementary to the permanent residents.
As with other requests on behalf of an alien relative, permanent resident sponsor must complete the Form I-130 and pay a filing fee. In addition to the standard requirements of documentation, the permanent residents must also submit evidence of lawful permanent residence. To do this, you must send a copy (front and back) of Form I-551 (referred to more commonly as “green card”) or a copy of your foreign passport with a stamp that is assigned to permanent residence in the united States.
In addition, you should be sent a proof of the biological relationship with the child. This includes the birth certificate and additional documentation, according to the relationship:
- Biological mother: (no additional documentation)
- Biological father: copy of the certificate of marriage with the biological mother of the child (or proof of dissolution of marriage); other proof of paternity if there is no marriage
- Stepfather/Stepmother: copy of marriage certificate to the biological parent of the stepchild (or proof of the dissolution of marriage)
- Adoptive parents: copy of the final decree of adoption; proof that it has had legal custody for two years; proof that it has had physical custody for two years
Presentation on behalf of a relative who lives in the United States
Permanent legitimate residents need to submit an application on behalf of a child (unmarried and under 21 years of age) or an unmarried son or daughter over 21 years of age, if you live in the United States, must file a petition for alien relative (Form I-130). The child, male or female, you can submit an application to register permanent residence or adjust status (Form I-485) when a visa is available.
See the page of the U. S. Citizenship and Immigration Services (USCIS) to Bring their children, sons or daughters to live in the United States as permanent residents for more information.
Legal assistance with the Immigration Process
You need to know the steps that involves meticulous preparation for each stage of the immigration process. If you or a loved one are considering live in the United States or become a citizen should contact an experienced immigration lawyer who can guide you at every stage of the process and protect your rights.