If you have a green card and you’re interested in applying for your child, it’s going to depend on how old they are and where they are living and if they’re living in the United States, what their immigration status is. As a green card holder, you’re child is not going to be considered an immediate relative. There are certain prohibitions as to whether or not they can change their status in the United States. If they are here illegally, unfortunately, as a green card holder, your child probably won’t be able to get a green card. If your child is living abroad and you have a green card, then you can file an I-130 petition for your child and they can come to the United States.
However, because you are a green card holder, your application is going to be subject to a quota. There is only a certain amount of people that the US Immigration allows to come into the United States and children of green card holders are within that quota. You can file an I-130 for your child, but it will take a few years before your child is allowed to come, depending on what country you’re from. Most countries, it can take about two to three years. Unfortunately, if your country is Mexico, it can take a much longer period of time, or the Philippines and in some instances, China. Once you’re a green card holder, if your child is living outside of the United States, you can file for them. Again, if they are in the United States illegally, most likely they won’t be able to change their status. If you have a green card and you’re interested in applying for your child, please contact my office and I’d be happy to discuss your situation and whether we can bring your child to the United States or legalize their status if they’re here.
Click here to contact the law office of Cheryl David if you have questions regarding your child’s citizenship and get a free initial consultation. Cheryl is an experienced immigration attorney in NYC.