Naturalization to U.S. citizenship is something that most immigrants consider a big plus since it’s a plus for most of their families as well. This article aims to examine the impact of citizenship of U. S on the immigration prospects of children born in other countries. The process of taking children to the U. S. may sometimes be a little complicated depending on a person’s immigration status. We’ll also let you know what it is and how this process can shave years off of the immigration timeline.
Knowing the Differences
Before going into the details, it’s important to understand the differences in how the U.S. immigration system treats foreign-born children of U.S. citizens and those of permanent residents:
- U.S. Citizens: They have certain advantages in sponsoring their children for visas, regardless of the child’s age or marital status.
- Permanent Residents /Green Card Holders: Their options for sponsorship are more limited, with longer waiting times, especially for adult and married children.
Confirm Your Child’s Citizenship Status
U.S. nationality laws have changed over time, and many children of U.S. citizen parents or grandparents might qualify for citizenship without knowing it so confirming your child’s citizenship status before you start can save time and effort.
Sponsoring Your Child for an Immigrant Visa
If your child isn’t automatically a U.S. citizen, you’ll need to consider sponsoring them for an immigrant visa, which leads to lawful permanent residence in the U.S. The availability of these visas and the waiting times depend on your status and your child’s age and marital status.
Visa Availability Based on Your Status
Here’s a breakdown of visa availability:
U.S. Citizens:
- Minor children (under 21): Visas are available immediately.
- Unmarried adult children (21 or over): Visas are available after a wait of several years.
- Married adult children: Visas are available with a wait of several years.
Permanent Residents:
- Minor children: Visas are available after a short wait or no wait.
- Unmarried adult children: Visas are available after several years.
- Married adult children: No visas are available.
These variations highlight the advantages of U.S. citizenship in speeding up your child’s immigration process.
Deriving Citizenship Through Naturalization
If you are a permanent resident, you might wonder if there’s a way to speed up your child’s immigration process. Naturalization could be the key so If you, as a green card holder, become a U.S. citizen, you can potentially reduce your child’s wait for a green card.
- Minor Children: If you and your minor children have green cards and you become U.S. citizens before they turn 18, your children can get U.S. citizenship through you, avoiding separate immigration procedures.
- Adult Children: If your children don’t qualify for derivation, they’ll need to wait until they can apply for U.S. citizenship on their own as adults.
Delays in Visa Availability
Understanding visa availability and waiting times is crucial for planning your child’s immigration journey. Here’s a closer look:
- Minor Children of U.S. Citizens: Considered “immediate relatives,” resulting in minimal waiting times, mainly for application processing.
- Minor Children of Permanent Residents: The process is more complex with potential waiting periods for green cards. Staying updated on the current visa bulletin is essential.
- Unmarried Adult Children of U.S. Citizens and Permanent Residents: Both can sponsor their unmarried adult children, but these children aren’t “immediate relatives,” so annual visa limits can lead to long waiting times, influenced by their native country and visa demand.
Sponsorship for Married Adult Children
Sponsorship options differ greatly between U.S. citizens and permanent residents. U.S. citizens can sponsor their married children, while permanent residents cannot, posing unique challenges for bringing married adult children to the U.S.
Naturalization as a Solution
For permanent residents facing long waiting times, naturalization can be a strategic solution. Becoming a U.S. citizen can improve your child’s preference category, speeding up their immigration process. It’s essential to assess this option based on the current visa bulletin and your child’s specific situation.
Taking Action
If you’re considering naturalization and have already filed an I-130 petition for your child, don’t wait to act. Once you become a U.S. citizen, notify USCIS to allow your child to get a new preference category and priority date.
Financial Requirements for a U.S. citizen child to sponsor their parents
To sponsor parents for a Green Card, a U.S. citizen child must meet specific financial requirements to ensure they can provide adequate support. Here’s an overview of those requirements:
Affidavit of Support (Form I-864):
The U.S. citizen must file this form, which is a legally binding contract with the U.S. government, committing to financially support the sponsored parents.
Income Threshold:
The sponsor’s income must be at least 125% of the Federal Poverty Guidelines (FPG) for their household size.
Domicile Requirement:
The sponsor must be at least 18 years old and have a domicile (permanent residence) in the United States.
Joint Sponsors:
If the primary sponsor does not meet the income requirement, they can enlist a joint sponsor who meets the same financial criteria independently.
Asset Consideration:
If the sponsor’s income is insufficient, they may include assets to meet the requirement. The cash value of assets must be five times the difference between their income and the required threshold for their household size.
Exceptions for Active Duty Military:
If the sponsor is on active duty in the Armed Forces and sponsoring a spouse or child, the income requirement is reduced to 100% of the FPG.
Household Members’ Income:
The income of household members can also be included to meet the financial requirements if they are related by birth, marriage, or adoption and have lived with the sponsor for at least six months.
Bringing foreign-born children to the U.S. depends on factors like your immigration status and your child’s age and marital status. U.S. citizens usually have better conditions for sponsoring their children, but permanent residents can also take steps to speed up the process. Knowing about visa options, waiting times, and naturalization is important for achieving your family’s immigration goals. If you’re unsure about the best course of action, consulting with an immigration attorney can help.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for an IR-1 Visa or a K-2 Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration 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 to visit the United States. Call us today at +234 812 5505 9
