Navigating U.S. immigration can be challenging especially when citizens petition for their adult or married child. This guide explains the process, focusing on how to correctly fill out and submit Form I-130, the first step in bringing your loved one to the United States, key aspects of the broader immigration process, and provides practical advice without going into general SEO rules.
The First Step
What Is Form I-130?
It is the foundational document for establishing a familial relationship between a U.S. citizen and their adult or married child, setting the immigration process in motion.
Who Qualifies as a U.S. Citizen’s “Son or Daughter”?
This includes individuals who once met the definition of a “child” under immigration law but have since turned 21 or married. This category covers natural-born children, stepchildren, and children born to unmarried parents.
The Nuances of the Immigration Process
Priority Date and Wait Times
A U.S. citizen’s adult or married child falls under the “preference relative” category, which has annual green card quotas. The waiting period is determined by the “Priority Date”—when USCIS receives the I-130—which can stretch for several years.
Child Status Protection Act (CSPA)
If your child began the immigration process before turning 21 or getting married and received I-130 approval, the CSPA might help. It can “freeze” your child’s age, allowing them to continue the immigration process as a “child,” even if they have since married or turned 21. This can avoid the need to file a new I-130.
Citizenship Status of the Child
Before filing the I-130, check if your child might already be a U.S. citizen through your citizenship. This rare scenario could save significant time and resources. “U.S. Citizenship by Birth or Through Parents” provides details on this exceptional situation.
Timelines and Categories
How Long Will the Immigration Process Take?
The waiting period for your son or daughter to immigrate depends on their category:
- Married Children of U.S. Citizens (Third Preference Relatives): This category has an annual quota of 23,400 green cards, leading to significant wait times.
- Unmarried Children Aged 21 or Older of U.S. Green Card Holders (Second Preference Relatives, Subcategory 2B): Approximately 26,000 green cards are allocated annually, resulting in extended wait times.
- For detailed timelines, refer to “How Long Is the Wait for Your Priority Date to Become Current?” If your child is abroad, they must wait until I-130 approval and their “priority date” becomes current before applying for a green card.
Issues for Unlawfully Present Children
If your child is in the U.S. without authorization, they face significant challenges in obtaining a green card. “Unlawful presence” can result in inadmissibility. Therefore, seek legal counsel immediately, as an approved I-130 alone may not resolve this issue.pen_sparktunesharemore_vert
Form I-130: A Step-by-Step Guide
- Relationship
Question 1: Select “Child.”
Questions 2-3: Specify the nature of the relationship (by birth, adoption, or stepparent status).
- Information About You (Petitioner)
Question 1: If you were once a lawful permanent resident, put N/A.
Question 2: The USCIS Online Account Number is not mandatory.
Question 3: Provide your Social Security Number.
Questions 4-9: Enter your name and personal details.
Questions 10-15: Provide address details.
Question 16: Specify the number of times you’ve been married.
Questions 17-23: Provide marital status information.
Questions 24-35: Provide details about your parents.
Part 3 – Biographic Information
Provide additional biographic information about the petitioner.
Part 4 – Information About Beneficiary
Questions 1-10: Include the beneficiary’s Alien Registration Number, Social Security Number, name, and personal details.
Questions 11-16: Provide contact information for the beneficiary.
Questions 17-44: Information regarding the beneficiary’s spouse and children, if any.
Questions 45-58: Include details about the beneficiary’s presence in the U.S., employment, and previous immigration court proceedings.
Questions 59-60: Answer language-related questions.
Questions 61-62: Applicable for immigrants adjusting status in the U.S. or specifying a consulate.
- Other Information
Gather additional information related to the petitioner’s immigration history.
- Petitioner’s Statement, Contact Information, Declaration, and Signature
The petitioner affirms understanding of the form, provides contact information, and signs the document.
- Interpreter’s Contact Information, Certification, and Signature
Filled out and signed if an interpreter assisted in completing the form.
- Contact Information, Declaration, and Signature of Person Preparing this Petition if Other Than the Petitioner
Relevant if a third party, such as an attorney, prepared the petition.
- Additional Information
Provides space for further information required to complete the form.
Required Documents for Submission
Include copies (not originals) of the following documents when submitting Form I-130:
- Proof of U.S. citizenship (birth certificate, passport, naturalization certificate, or Form FS-20).
- Proof of the parent-child relationship (birth and marriage certificates if applicable).
- Appropriate filing fees (as of late 2022, the fee is $535).
- Submission and Beyond
- Next, after assembling all necessary documents, you can file online or mail the petition package to the USCIS “lockbox” as indicated on the USCIS website for Form I-130. The lockbox processes fee payments and forwards the petition to a USCIS Service Center.
Post-Submission
After submission, expect a receipt notice from USCIS with processing time information and a receipt number for tracking. Additional documentation may be requested via a Request for Evidence (RFE) if necessary. If the petition is approved, USCIS will send a notice and forward the case to the National Visa Center (NVC) for further processing. If the petition is denied, identify and address the reasons before reapplying, ideally with legal guidance.
Petitioning for a U.S. citizen’s married or adult child is a complex process. Understanding Form I-130 and its nuances is crucial. This guide provides clarity, focusing on practical steps rather than broader SEO rules. Additionally, for specific legal advice and guidance, consulting an immigration attorney is recommended, as every case has unique challenges and considerations.
