PERMANENT RESIDENCY (CHILDREN)
Most frequent questions and answers
Any child who is under the age of 18 at the time of your marriage to a U.S. spouse is eligible for immigration benefits directly from your spouse.
Your spouse will need to file an immigrant petition on behalf of each of your children under the age of 18 at the time of your marriage. This petition must be filed by the age of 21 of your children’s birth. We suggest you talk to a competent immigration attorney to make sure of that.
You will need to provide evidence that the children are yours and that the marriage was concluded for good reasons. You must provide a copy of the child’s birth certificate, marriage certificate to the child’s other parent, your current marriage certificate and documents confirming the actual relationship between your spouse and you, such as maps, photos, joint trips, proof that you live together, etc. We have helped hundreds of clients get green cards for their children. Contact us to schedule a free consultation.
Yes. If children have entered the United States legally, they will be able to apply for a green card in the U.S., regardless of their current immigration status.
Maybe. If your children are over 14, they are more likely to go for an interview, and if they are under 14, they will not be able to. Any scheduled interview is likely to be related to your interview, provided that you submit all requests at the same time, which we recommend if possible. We have worked with hundreds of clients to prepare them for an immigration interview, and will be happy to work with you. Contact us to schedule a free consultation.
Your children will be able to apply for a work permit when you apply for a green card. Once the work permit card is approved, your children will be able to work for any company in the U.S. Even if your children are not planning to work anytime soon, we recommend that they apply for a work permit as it will give them a Social Security number that may be useful to them later in life.
Your children will be able to apply for a travel permit when they apply for a green card. Once their travel permit is approved, they can travel outside the United States. There are other issues related to whether your children should travel outside the U.S., such as their status when applying for a travel permit. It is important to discuss any travel plans with your attorney. We will be happy to give you our recommendations on this matter. Contact us for a free consultation.
After receiving a green card, your children will be able to travel freely outside the United States.
It depends on the length of your marriage. If you have been married to your U.S. citizen spouse for more than two years at the time they file an immigrant petition on behalf of your children, they will receive a permanent green card. If your marriage is less than two years, they will receive conditional residence.
The only difference between conditional residence and permanent residence is the time frame, as conditional residence is valid only for two years. Conditional residents have access to all the benefits of permanent residence, such as the ability to work and travel.
Your children must apply for permanent residence before the expiration of their conditional residence permit. They will have 90 days to apply for permanent residence. For example, if their conditional residence expires on May 1, 2020, they can apply for permanent residence at any time from January 30, 2020 to April 30, 2020. The request must be received by the immigration service no later than May 1. 2020.
Yes, your children will still have the right to permanent residence, even if you divorced your spouse. We have helped many clients get permanent residence after divorce. Please contact us to schedule a free consultation so that we can discuss your case and what will be required to file an acceptable petition.
As with initial registration, your children will need to prove that they are your children and that your marriage to a U.S. citizen was valid. We recommend that you provide initial documents, as well as documents confirming that you lived with your spouse, vacationed with your spouse, shared financial issues, as well as other documents confirming a valid marriage. In the past, we have worked with many clients to submit this request for permanent residence. Contact us to schedule a free consultation so that we can analyze your specific circumstances.
You will need to provide proof of your permanent resident status, as well as proof that your children are your children, such as copies of their birth certificates or adoption documents, provided that the adoption occurred before your child’s 16th birthday.
Yes. Your children will be able to get a green card, but not necessarily right away. We will be happy to analyze your specific circumstances and assist you in the process. Contact us to schedule a free consultation.
Yes, you can get an immigrant visa for all your children. Also, if you are a U.S. citizen by birth, your children may also be U.S. citizens. We have worked with many clients to obtain for their children a U.S. residence permit and sometimes A U.S. passport, and will be happy to assist you in this regard. Contact us to schedule a free consultation.
Generally, you need to apply for an immigrant visa on behalf of each of your children. If the facts suggest that your children are citizens by birth, you can obtain a U.S. passport without filling out any additional paperwork. We have helped many clients obtain both residency and citizenship for their children. Contact us to schedule a free consultation.
You will need to provide proof that you are a U.S. citizen, such as a certificate of naturalization or passport, as well as evidence that they are your children, such as copies of their birth certificates or adoption documents, provided that the adoption occurred before your child is 16 years old. Depending on of the type of application you are preparing, additional documents may be required. Contact us to schedule a free consultation to discuss the details of your case.
If your children are not U.S. citizens by birth, they will be able to apply for a green card. Your unmarried children under the age of 21 will be able to apply for a green card right away. Your married children and any child over the age of 21 will eventually be able to get a green card, but it can take years. We will be happy to discuss with you the timing. Contact us to schedule a free consultation.