Navigating the U.S. immigration process can be challenging especially when it comes to bringing your unmarried, minor child to live with you as a lawful permanent resident and this journey starts with filing Form I-130, the Petition for Alien Relative, with USCIS. Here’s a detailed, step-by-step guide to help you through this process.
Understanding Eligibility
Before we dive into Form I-130, it’s important to understand who qualifies as a “child” under U.S. immigration law. This includes:
Natural-Born Children:
- Born to Married Parents: Children born to parents who are legally married.
- Born to Unmarried Parents: If the parents are unmarried, the father must prove a legitimate parent-child relationship.
Stepchildren:
- The child must have been under 18 when the parents married.
- The parents must still be married at the time of filing the petition.
Adopted Children:
The child must have been adopted before turning 16 and meet other specific legal conditions.
Additionally, the child must be:
- Under 21 years old at the time of filing the I-130.
- Unmarried both when the I-130 is filed and when they receive the green card.
Checking for U.S. Citizenship
Sometimes, your child might already be a U.S. citizen through birth or your citizenship status. This can save you a lot of time and effort. Check the “U.S. Citizenship by Birth or Through Parents” section for more details.
Filing Separate Form I-130 for Unmarried Minor
Depending on your status and who you are petitioning for, you may need to file separate Forms I-130:
- U.S. Citizens Petitioning for Spouse and Children: Separate I-130 forms are required for each individual.
- Lawful Permanent Residents Petitioning for Spouse and Children: A single I-130 can be used for a spouse and children, but you might want to file separately if you plan to become a U.S. citizen during the process.
Timeline for the Child’s Immigration Process
The timeline varies based on the petitioner’s status:
- Unmarried Minor Children of U.S. Citizens: These children are considered “immediate relatives,” so their process is generally quicker.
- Unmarried Minor Children of Green Card Holders: These children fall under the “Second Preference” category (F2A), facing annual quotas and longer wait times.
Children Living Abroad
If your child is living abroad, they cannot enter the U.S. based solely on the filing or approval of Form I-130. They must wait for an immigrant visa to be issued.
Addressing Unlawful Presence
If your child is living in the U.S. without authorization, it’s crucial to consult with an immigration attorney. An approved I-130 does not resolve issues of unlawful presence, which can complicate the path to obtaining a green card.
Filling Out Form I-130 for Unmarried Minor
Here’s how to complete Form I-130:
General Instructions
- Use black ink if filling out by hand.
- If additional space is needed, use Part 9 for extra information.
1: Relationship
Check the box for “Child.”
- Provide details about your relationship with the child.
2: Information About You (Petitioner)
- Provide your Social Security Number, full name, and any other names used.
- Answer questions about your marital status, citizenship, and employment history.
3: Biographic Information
- Provide biographic details about yourself.
4: Information About the Beneficiary (Your Child)
- Provide your child’s personal details, address, and contact information.
- Answer questions about their immigration history and marital status.
Required Documents for Form I-130 for Unmarried Minor
- Form I-130: Complete the form accurately, ensuring all sections are filled out.
- Proof of Relationship:
- A copy of the petitioner’s birth certificate or U.S. passport.
- A copy of the child’s birth certificate showing both parents’ names.
- If applicable, legal documents proving any name changes (e.g., marriage certificates, divorce decrees).
- Additional Evidence (if applicable):
- For adopted children, a certified copy of the adoption decree (adoption must occur before age 16).
- Legal custody documents if the child was in your custody before adoption
Submission Process for Form I-130 for Unmarried Minor
- Filing Fee: Include the appropriate filing fee with your application. Check the USCIS website for current fees.
- Mailing Address: Send the completed form and supporting documents to the appropriate USCIS address based on your residence and whether you are filing from within or outside the U.S.
- Tracking Your Application: After submission, you will receive a receipt notice. Keep this for tracking your case status online.
Important Notes for Form I-130 for Unmarried Minor
- Ensure that all documents are copies unless originals are specifically requested.
- If you are a lawful permanent resident, be aware that there is no visa category for married children; thus, if your child marries before immigrating, the petition will be denied.
- It is advisable to consult with an immigration attorney if you have specific questions or complex situations regarding your petition.
By following these guidelines, you can effectively complete and submit Form I-130 for your unmarried minor children.
After Filing of Form I-130 for Unmarried Minor
- You will receive a receipt notice from USCIS with processing time information.
- If additional documentation is needed, USCIS will send a Request for Evidence (RFE).
How long does it typically take to process Form I-130 for an unmarried minor child?
The processing time for Form I-130, Petition for Alien Relative, for unmarried minor children (under 21 years old) of U.S. citizens typically ranges from 10 to 15 months when applying from abroad, and 10 to 23 months if applying from within the United States.
For children of lawful permanent residents (green card holders), the processing time is generally longer, averaging 23 to 38 months.
These times can vary based on several factors, including the service center handling the application, the completeness of the application, and any additional documentation that may be required. It’s important to regularly check the USCIS processing times and stay updated on your application’s status.
Approval and Next Steps for Form I-130 for Unmarried Minor
- If approved, the case moves to the National Visa Center (NVC) for further processing, leading to a visa interview at a consulate.
- If your child is in the U.S., file for adjustment of status (Form I-485) if not done concurrently with the I-130.
In conclusion, the process of filing Form I-130 for your unmarried, minor child is a crucial step in your immigration journey. Pay close attention to the details and consider seeking advice from an experienced immigration attorney to navigate any complexities.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your minor children’s travel to the US straightforward and successful. Whether you’re applying for an IR-2 Visa or F2A 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 their children to travel to the US. Call us today at +234 812 5505 986 to learn how we can assist you.
