Can a Green Card Holder Bring Their Children to the United States?

Understanding what rights you are and are not afforded with your green card can be complex. The USCIS (United States Citizenship and Immigration Services) governs a green card holder’s ability to petition for certain individuals to travel to and live in the U.S. If you are a green card holder and have questions regarding whether you can bring your children to the United States, it is important that you work with an experienced immigration attorney in NYC for skilled representation and legal advice.

What is a Green Card?

A green card, formally referred to as a Permanent Resident Card, is a legal document that grants the holder the right to live and work permanently in the United States. Green card holders, or lawful permanent residents, are not technically U.S. citizens, but they are afforded many of the same rights and responsibilities.

Green cards offer individuals a path to citizenship and naturalization within the United States. However, as a lawful permanent resident, it is crucial that you understand your rights and limitations.

Can a Green Card Holder Bring Their Children to the U.S.?

One of the rights that green card holders are entitled to is petitioning for certain family members to immigrate to the United States. Citizens and lawful permanent residents are able to sponsor certain individuals for a green card.

When citizens or green card holders petition for a relative, they are divided into preference categories. As a green card holder, the following categories apply to your children.

• Second preference (2A): Unmarried children under the age of 21
• Second preference (2B): Unmarried children 21 or older

Yes, green card holders can bring their children into the United States by sponsoring them for a green card.

How Can You Sponsor Your Child?

To begin the process of sponsoring your child for a green card, you must file Form I-130, the Petition for Alien Relative. A separate form must be filed for each child that you are sponsoring. This form establishes the relationship between you and your child. You must provide proof of your valid status demonstrating that you are a lawful permanent resident, along with evidence of your familial relationship, like a birth certificate, marriage certificate, etc.

If and when the USCIS approves your petition, you and your child must wait for a visa number to become available that aligns with the preference category they fall under. This could take several months or even years, depending on relevant factors. Once a visa becomes available, you and your child can apply for a green card.

If you have questions about your child’s eligibility or how you can secure a green card, do not hesitate to contact a skilled attorney at the Law Office of Cheryl R. David today.