Getting through U.S. immigration can be tough, especially when parents want to help their adult or married child come to the country. This sponsoring an adult child article explains how to fill out and submit Form I-130, which is the first step in bringing your loved one to the U.S. It also covers important parts of the immigration process and gives helpful tips, without going into general rules about SEO.
What Is Form I-130?
It serves as the foundational document for establishing a familial relationship between a U.S. citizen and their adult or married child, thereby 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
An adult or married child of a U.S. citizen falls under the “preference relative” category, which is subject to annual green card quotas. Consequently, the waiting period is determined by the “Priority Date,” which is the date USCIS receives the I-130. This waiting period can extend 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
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 for Sponsoring an Adult Child for a Green Card
To sponsor an adult child for a Green Card using Form I-130, follow this detailed step-by-step guide to ensure a successful application process.
Step 1: Determine Eligibility
- Petitioner: You must be a U.S. citizen or lawful permanent resident (LPR).
- Beneficiary: The adult child must be 21 years or older and unmarried to qualify under the F2B category (unmarried sons and daughters of LPRs).
Step 2: Gather Required Documentation
Collect the necessary documents before filling out Form I-130:
- Proof of Status: Evidence of your U.S. citizenship or LPR status (e.g., passport, birth certificate, green card).
- Proof of Relationship: Documents establishing the family relationship (e.g., birth certificates, marriage certificates).
- Two Passport-Style Photos: Of both you and your child.
- Filing Fee: Currently $625 for online filing and $675 for paper filing.
Step 3: Complete Form I-130
Fill out the form accurately:
- Petitioner Information: Your full name, address, date of birth, and immigration status.
- Beneficiary Information: Your child’s biographic details, including full name and immigration history.
- Relationship Category: Indicate that you are petitioning for your adult child and provide supporting documentation.
Tips for Accuracy
- Use black ink and write legibly.
- If a section does not apply, write “N/A” instead of leaving it blank.
- Double-check all information for accuracy before submission.
Step 4: Submit the Petition
- Mailing Instructions: Send your completed Form I-130 along with all supporting documents to the appropriate USCIS address. Include a cover letter listing all included documents.
- Receipt Notice: After submission, you will receive a receipt notice (Form I-797) confirming that USCIS has received your petition.
Step 5: Await Processing
- Processing Time: The average processing time is about 12 months but can vary based on factors such as country of origin.
- Requests for Evidence (RFE): USCIS may request additional information if needed.
Step 6: After Approval
Once Form I-130 is approved:
- If your child is outside the U.S., they will proceed with consular processing at a U.S. embassy or consulate.
- If they are already in the U.S., they may apply for Adjustment of Status using Form I-485.
Important Considerations
- Visa Availability: Adult children fall under preference categories, which may have longer wait times due to annual visa limits.
- Unlawful Presence Issues: If your child is living in the U.S. unlawfully, consult an immigration attorney to understand potential implications on their eligibility.
By following these steps carefully and ensuring all documentation is complete and accurate, you can navigate the process of sponsoring your adult child effectively through Form I-130.
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.
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.
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 for sponsoring an adult child, consulting an immigration attorney is recommended, as every case has unique challenges and considerations.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your adult child’s travel to the US straightforward and successful. Whether you’re applying for an Immediate Relative Visa (IR-2) or Family Preference Visa (F2B), 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 their adult children need to travel to the US. Call us today at +234 812 5505 986 to learn how we can assist you.
