Can I Claim a Green Card if I Am Having a Baby in the Us
Permanent residents, also referred to equally dark-green card holders, may petition for their children to live in the United States as permanent residents as well. Since the U.S. Citizenship and Immigration Services (USCIS) defines a "child" every bit being an individual who is under the age of 21 and is unmarried, a permanent resident may also include his or her kid'due south children in the petition if the child has any. A permanent resident may also petition for unmarried sons and daughters age 21 and older and include their children in the petition likewise if they take whatsoever.
Who Does the USCIS Consider to Be a Petitioner's Child?
The clearing process has several criteria to consider an individual to be a petitioner'due south child officially. A genetic child who was born in marriage or out of wedlock is one of USCIS's near straightforward definitions of a "child" in the immigration process. The USCIS does not require any farther legitimization for the kid if the mother is petitioning.
Meanwhile, a begetter who is petitioning for his child may exist subject to further legitimization, co-ordinate to the laws of the begetter or child's place of residence. If the father's relationship to the child is non legitimized lawfully under any applicable laws, he should prove proof that a father and kid relationship existed between them before the kid turned 21 years sometime and prior to the child'south matrimony if applicable.
A permanent resident may also petition for a genetic child who was conceived by artificial means through a surrogate mother. This is possible even though local laws may recognize the surrogate mother as the child'due south legal parent at the time of the child's birth.
Green carte holders can also petition for a stepchild or an adopted child. Stepchildren are eligible for permanent residency if the marriage that created the step relationship occurred before the child turned 18 years old.
The adopted child, however, should be adopted by the petitioners earlier the historic period of 16. In some circumstances, those who were adopted before the age of xviii may as well exist eligible for permanent residency. These circumstances are discussed in the Adoption-Based Family unit Petition Process. The adoptive petitioners should too satisfy the required two-year legal custody and articulation residence with the kid.
Dark-green bill of fare holders who are petitioning their child have to fix several documents when applying for permanent residency status for their child. Petitioners will be asked to provide a fully achieved Class I-130, Petition for Conflicting Relative and pay its required fees. The petitioners must as well provide evidence of their condition with both front and back copies of their green card (Grade I-551) and a copy of their foreign passport bearing the postage stamp that says they are permanent residents.
If the petitioner's proper name or his child'southward name changed, the petitioner should provide proof that the alter was legal. The proof may be in the class of a marriage certificate, a prescript of divorce, adoption prescript or a courtroom approval for an application for name change.
Green card holders who are petitioning their child should provide proof of their human relationship. Genetic mothers and non-genetic gestational mothers should also include a copy of the child'southward nativity document that was issued by civil authorities along with the other required documentation. Genetic fathers should provide these, along with copies of their spousal relationship certificates with the kid'south mother or proof of the termination of the marriage if they are no longer married.
In example the father never married the child'south mother and the child is illegitimate, he must provide evidence that he has established a male parent-son human relationship with the kid before the child turned 21. The bear witness may include emotional involvement in the child's life or some course of financial back up.
Stepparents will be required to provide documentation similar to those required from genetic parents. Adoptive parents will exist asked to provide a re-create of the kid's original birth document, proof of the legality of the adoption and proof of legal and concrete custody spanning at least two years with the petitioners acting mainly as parents to the child.
The Five Nonimmigrant Visa
In special cases, green card holders may apply for a special blazon of visa that will permit their children to come up to the U.Due south. even while their petition is pending approval. Lawful permanent residents or their children who take a awaiting Form I-130 application that was filed on or prior to December 21, 2000, may apply for a V Nonimmigrant visa (V visa).
The V visa is a special visa granted to eligible dark-green card holders to allow them and their families to stay together while awaiting the approving of their kid's permanent residency awarding. If the kid is already in the U.South., the petitioner should file Form I-539 Awarding to Change Nonimmigrant Status and Form I-693 Report of Medical Examination and Vaccination Tape. If the child is not in the U.S., he or she must get through a consular processing.
Source: https://www.questionsanswered.net/lifestyle/green-card-holder-sponsor-child?utm_content=params%3Ao%3D740012%26ad%3DdirN%26qo%3DserpIndex
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