Immigration Petition For Children

Immigrant Visa Petition for a Child, Son or Daughter of a United States Citizen or Lawful Permanent Resident-Green Card Holder.

An Immigrant visa petition may be filed on behalf of a child by either a United States Citizen Parent or a Lawful Permanent Resident Parent. These are the eligible Petitioners.

A United States citizen may petition for both minor Children, adult children, adopted children as well as married and unmarried children.

Lawful Permanent Resident may file an Immigrant Visa Petition on behalf of minor children, adult children, adopted children and unmarried children.

A United States Citizen may also file an Immigrant Visa Petition for an orphan, a Lawful Permanent Resident may not;

Basic factors taken into consideration are:

1. The petitioner’s status,
2. The beneficiary’s age,
3. The beneficiary’s marital status, and
4. The relationship between the petitioner and the beneficiary.

The petitioner must meet the criteria when filing and during the petition’s adjudication. They must continue to meet these criteria after approval until the beneficiary becomes a Lawful Permanent Resident. Failure to do so may lead to the revocation of the petition’s approval.

Various factors determine the category or classification of a visa petition’s beneficiary.

If the beneficiary is under 21 years and unmarried, they are considered a child.

If the beneficiary is 21 years or older or married, they are considered a son or daughter.

Since a Lawful Permanent Resident can petition on behalf of an unmarried son or daughter regardless of age, it is important. The beneficiary must have never been married. The beneficiary must have terminated any and all prior marriages. The petitioner must complete this step before filing the petition for the beneficiary to be found eligible.

The nature of the relationship (e.g., legitimate child, illegitimate child, adopted child, stepchild) is important. The point at which the relationship existed is also significant.

Immigrant Visa Petition for Child Born in Wedlock also Referred to as “Legitimate Child”

The phrase born in wedlock” refers to Children whose parents were married at the time of their birth. This also includes children born to a couple in a “common law” marriage. This rule applies when the state or foreign country where the couple resides recognizes common law marriage. Both Parents if eligible will qualify as Petitioners.

Immigrant Visas Petition for Child Born out of Wedlock also Referred to as “Illegitimate Child”

The mother of an illegitimate Child always qualifies as a petitioner. The natural father of a child born out of wedlock may petition for that child. This is possible if the father has legitimated the child or has a bona fide parent-child relationship. The father establishes a bona fide parent-child relationship by showing active concern. This includes the child’s support, instruction, and general welfare. The child must be unmarried and under 21 years of age for the parent to establish the parent-child relationship.

Immigrant Visa Petition for a Step Child.

A Step Parent qualifies as a Petitioner where a step relationship exists. Immigration law recognizes a stepchild relationship when a child’s natural parent marries someone other than the child’s other natural parent before the child’s 18th birthday. The marriage automatically creates the relationship, assuming it is not a sham. Normally, a Step Child Relationship terminates when a marriage ends, especially if it ends in divorce. Under certain circumstances, a stepchild relationship may continue after the death of the natural parent. It may also continue after the legal separation or divorce of the stepparent and natural parent. This is true if there is an ongoing relationship between the stepparent and stepchild. However, if the marriage ends in annulment, the step relationship no longer exists because, legally, the marriage never existed.

The creation of a step relationship does not terminate the relationship between the child and their other natural parent. A child who gains Lawful Permanent Resident status through a stepparent maintains that connection. That child may later petition for their other natural parent. This can happen once the child naturalizes and reaches the age of 21.

Immigrant Visa Petition for a Child Adopted While Under the Age of Sixteen.

An adoptive parent qualifies as a Petitioner and can file a family based Immigrant Visa petition on behalf of a Child adopted while under the age of sixteen years if the Child has been in the legal custody of and has resided with, the adopting parent or parents for at least two years. An adopted child’s natural parent cannot receive any right, privilege, or status under U.S. Immigration Laws because the adoption severs their natural relationship. Aliens who gained Legal Permanent status in the U.S. through adoptive parents are not eligible to pass any Immigration benefits to their natural parents. The adoption severs the relationship between the child and their natural parent(s), prohibiting the child from petitioning for them.

An adopted Child may not confer Immigration benefits upon his or her natural sibling, because their common natural parent no longer has the status of parent of the adopted Child for Immigration purposes.

However, if the adoption does not meet the requirements of U.S. Immigration Laws, such as when the child was over age 16 at the time of adoption, the child is not prohibited from petitioning for their natural parent(s).
Upon approval of the Immigrant Visa Petition, adjustment of status to that of a Lawful Permanent resident can be pursued either in the U.S. through the green card process or outside the U.S. through an  Immigrant visa application at the foreign Embassy.