Navigating the U.S. immigration process can be a challenging journey, especially when it involves securing lawful permanent residence (green cards) for family members In this guide, we will explain how naturalization as an American citizen can impact your child’s green card application.
Petitioning for Your Child to Immigrate to the U.S.
First, let’s go over the basics of who you can petition for as a citizen or Lawful permanent resident:
- spouse
- children under 21
- Your unmarried children over 21
These applications fall under the “F2A” category for spouses and children under 21, and “F2B” for unmarried children over 21. Unlike immediate relatives of U.S. citizens, family preference relatives face annual visa limits, which can lead to longer waiting times.
The Impact of Your Child Turning twenty one
A significant factor in the immigration process is your child’s age and when they turn 21, their category can change, potentially leading to longer waiting times but the Child Status Protection Act (CSPA) can help. If you file an I-130 petition for your child before they turn 21, their age is considered frozen as of the filing date, keeping them in the F2A category even if the process takes longer.
Impact of Naturalization on Child’s Green Card Application
- Derivatives and Separate Petitions: When a parent becomes a naturalized U.S. citizen, their children can no longer be included as “derivatives” on the parent’s I-130 petition. Instead, the parent must file separate I-130 petitions for each child, which requires additional fees and may lead to delays in processing.
- Age Considerations: The age of the child at the time of the parent’s naturalization significantly affects their application:
- Under 21: If the child is under 21 when the parent naturalizes, they can transition to “immediate relative” status, which does not have a waiting list for visas.
- Over 21: If the child turns 21 after the petition is filed but before the parent naturalizes, they may be reclassified into a category (F1) that typically has longer wait times compared to their previous category (F2B).
- Child Turns 21 During the Process: If your child was under 21 when you filed the I-130 petition but has since turned 21, the petition converts to the F1 category, which can result in longer waiting times, especially for applicants from countries with extensive waitlists like Mexico and the Philippines.
- Child Status Protection Act (CSPA): This law allows children whose I-130 petitions were filed before they turned 21 to retain their status as children for immigration purposes, provided the parent remains a lawful permanent resident (LPR). However, if the parent naturalizes, this protection may no longer apply.
Benefits of Green Cards for Parents
- Permanent Residency: A green card allows parents to live in the U.S. permanently, providing stability and security.
- Work Authorization: Green card holders can work without needing separate visas, which enhances their ability to contribute economically.
- Access to Benefits: Green card holders are eligible for various social services, including healthcare and education.
- Travel Flexibility: They can travel internationally without risking their residency status.
- Pathway to Citizenship: Obtaining a green card can be a step toward eventual U.S. citizenship for parents after meeting residency requirements.
Eligibility Requirements for Parents
To sponsor a parent for a green card, the U.S. citizen must be at least 21 years old and must file Form I-130 on behalf of their parent. Additionally, they need to demonstrate financial capability through an Affidavit of Support (Form I-864) to prevent the parent from becoming a public charge.
Important Considerations for Naturalization and Child’s Green Card
- Age-Out Issues: Parents should initiate the green card process early to avoid complications related to their child’s age during processing.
- Criminal History: Any criminal history or immigration violations could affect eligibility for a green card; legal advice may be necessary in such cases.
- Waiting Times and Quotas: The availability of green cards can vary based on country-specific quotas, affecting processing times significantly.
These insights highlight the complexities involved in naturalization and green card applications, emphasizing the importance of understanding both processes for families seeking to secure residency and citizenship in the United States.
Special Case for 9th Circuit Court Jurisdictions
For people in this situation, a 2018 case (Tovar v. Sessions) ruled that F2A applications convert to petitions for immediate relatives of U.S. citizens, even if the child turns 21 before the petitioner becomes a citizen. For those outside this jurisdiction, delaying naturalization until after your child secures an F2A green card might be the best strategy.
Going through the Complexities
Understanding these nuances is crucial for a smooth immigration process. By knowing these details, you can make informed decisions to help your children join you in the U.S. more efficiently. For personalized guidance, consider consulting an immigration attorney or expert.
In conclusion, while there are many factors affecting the immigration process, our goal is to provide you with detailed, valuable information to keep you informed and empowered throughout your journey.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make the process of your child Naturalization and Child’s Green Card straightforward and successful. Whether you’re applying for a U.S. Citizenship (Naturalization) or IR-2 Visa, we handle every step—from preparing your application to gathering the required documents.
Our immigration lawyer consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need for Naturalization and Child’s Green Card in the US. Call us today at +234 812 5505 986 to learn how we can assist you.
