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PETITION FOR FOREIGN CHILDREN

The age and marital status of your children are important factors in the immigration process. For immigration purposes, a “child” is defined as being unmarried and under 21, whereas if a person is married and/or over 21, that person is defined as a “son” or “daughter”.

If you are a:

  • S. citizen, you may petition for
    • Children (unmarried and under 21)
    • Unmarried sons and daughters (21 or over) – Your son or daughter's child(ren) may be included on this petition.
    • Married sons and daughters (any age) – Your son or daughter's spouse and/or child(ren) may be included on this petition.
  • Permanent resident (green card holder), you may petition for
    • Children (unmarried and under 21) – Your child's child(ren) may be included on this petition.
    • Unmarried sons and daughters (21 or over) – Your son or daughter's child(ren) may be included on this petition.

Required Documentation

  • Form I-130, Petition for Alien Relative(signed with proper fee)
  • Evidence of your U.S. citizenship:
    • A copy of your U.S. birth certificate;
    • A copy of your unexpired U.S. passport;
    • A copy of Consular Report of Birth Abroad;
    • A copy of your naturalization certificate; OR
    • A copy of your certificate of citizenship
  • If you are a permanent resident, you must demonstrate your status with:
    • A copy (front and back) of Form I-551 (green card) OR
    • A copy of your foreign passport bearing a stamp showing temporary evidence of permanent residence.
  • If your name or your child's name has changed, proof of legal name change (may include marriage certificate, divorce decree, adoption decree, court judgment of name change, etc.)
  • Proof of relationship

Filing for Your Relative Who Lives in the United States
If you are a:

  • S. citizen petitioning for your child (unmarried and under 21), then your child may file Form I-485, Application to Register Permanent Residence or Adjust Status, at the same time that you file Form I-130.
  • S. citizen petitioning for your son or daughter (married and/or 21 or over), then you file Form I-130. Your son or daughter files Form I-485 when a visa becomes available
  • Permanent resident (green card holder) petitioning for your child, son, or daughter, then you file Form I-130. Your child, son, or daughter may file Form I-485 when a visa becomes available.

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