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.
Naturalization and Your Child’s Green Card Application
Becoming a U.S. citizen can expand your ability to petition for family members. If you’ve already filed an I-130 petition for your spouse, it converts to an application for an immediate relative of a U.S. citizen, potentially speeding up the process. The impact on your child’s green card application depends on their age when you naturalize.
If Your Child Is Under 21
If you become a U.S. citizen while your child is still under 21, their petition moves from the F2A category to that of an immediate relative, which generally processes faster and without visa limits.
Your Child Is Over 21
naturalization may shift their application to the “F1” category for unmarried sons and daughters of U.S. citizens over 21, potentially leading to delays due to higher demand for F1 visas compared to F2B visas. It’s crucial to monitor visa bulletin dates and consider options to opt out of this category change.
If Your 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.
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.
