Sponsoring Children

Both US citizens and Permanent Residents can sponsor their children, who are minors or adults.  How quickly the child can immigrate to the United States greatly depends on their relationship to you, the visa bulletin, and their immigration history.

US citizens can petition their minor, unmarried children under the age of 21 as immediate relatives, their unmarried adult sons and daughters (F1 category), and their married sons and daughters (F3 category). Permanent Residents can petition their minor, unmarried children under the age of 21 (F2A category) and their unmarried adult children (F2B category).  If the son or daughter of a Permanent Resident marries while awaiting the priority date to become current, the petition is automatically cancelled and the beneficiary loses their priority date.

Filing Form I-130 is the petition that demonstrates the relationship between parent and child, as well as establishes the priority date.  There is a numerical limitation on the number of children of US citizens and Permanent Residents that can immigrate to the United States each year.  The US Department of State’s Visa Bulletin is a database of priority dates in various visa categories, and you can check it here- https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html.

If you are interested in sponsoring your child for residency, you should consult with an experienced family immigration attorney who can do a thorough screening of their immigration history to ensure a proper filing. Contact us at Bashyam Shah LLP to schedule the consultation today.

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