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 Forms I-130
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
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
When submitting Form I-130, include:
- Proof of U.S. citizenship or permanent resident status (e.g., birth certificate, passport, naturalization certificate).
- Proof of the parent-child relationship (e.g., birth and marriage certificates).
- Filing fees (currently $535).
Submission
Make a copy of the entire petition package for your records. You can file online or mail the package to the USCIS lockbox address specified in the form instructions. If filing concurrently with a green card application, use the appropriate address.
After Filing
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).
Approval and Next Steps
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.
Denial
If denied, USCIS will provide reasons. Address these issues and consider refiling with legal guidance.
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.
