Reuniting Families: Bringing Your Children to the United States
For immigrants residing in the United States, the desire to reunite with their children is often a top priority. Fortunately, there are legal pathways available to bring your children to join you in the United States, ensuring that your family remains together and thriving. In this article, we'll explore the various options and requirements for bringing your children to the United States, guiding you through the process step by step.
Immediate Relative Petition: If you are a U.S. citizen, you can petition for your unmarried children under the age of 21 to immigrate to the United States as immediate relatives. This category allows for expedited processing and does not have numerical limitations (called “caps”) on the number of visas available each year.
Family Preference Categories: If you are a lawful permanent resident (green card holder), you can petition for your unmarried children over the age of 21 to immigrate to the United States under the family preference categories. Unfortunately, this category has annual numerical limits, which can result in waiting periods before a visa becomes available. This is why it is important, if you are eligible for citizenship, to consider applying as soon as possible.
Form I-130, Petition for Alien Relative: The first step in bringing your children to the United States is filing Form I-130, Petition for Alien Relative, with the U.S. Citizenship and Immigration Services (USCIS). This form, along with the accompanying evidence, establishes the relationship between you and your children and “starts” the immigration process. Depending on your specific circumstances, you may also file the I-485 Application to Register Permanent Residence or Adjust Status, the I-131 Application for a Travel Document, I-765 Application for Employment Authorization, or the I-864 Affidavit of Support at this step.
Priority Dates: For family preference categories, USCIS assigns priority dates based on the date the I-130 petition is filed. Your children will need to wait until their priority date becomes current before they can proceed with the immigration process.
Consular Processing or Adjustment of Status: Once the I-130 petition is approved and the priority date is current, your children can apply for an immigrant visa through consular processing if they are residing abroad, or for adjustment of status if they are already in the United States in a lawful nonimmigrant status.
Supporting Documentation: Along with the I-130 petition, you will need to provide supporting documentation to demonstrate the relationship between you and your children, such as birth certificates, marriage certificates (if applicable), and evidence of your status as a U.S. citizen or lawful permanent resident.
Medical Examination and Vaccination: Your children will be required to undergo a medical examination by an authorized physician and provide proof of vaccination as part of the immigration process.
Registering Permanent Residence: If you did not file earlier to register permanent residence or adjust status, you would now file the I-485 and accompanying documents.
Bringing your children to join you in the United States is a significant milestone in your journey as an immigrant. By understanding the requirements and following the necessary steps, you can navigate the process with confidence and reunite with your loved ones in the United States.
At the Law Office of Henry Cabot, I specialize in family-based immigration and am here to assist you in bringing your children to the United States. Contact me today to schedule a consultation and take the first steps to reuniting your family.