Published: November 10, 2021
U.S. Citizens and Green Card holders can petition for their adult children to become permanent residents in America. Most of the time, people believe that this mode is only applicable to minor sons and daughters. However, contrary to popular belief, it is not the case. Eligible individuals may also petition for their sons and daughters who are twenty-one (21) years old and older.
The Form and Documents to File
When sponsoring an adult son or daughter, one must file a Form I-130 (Petition for Alien Relative) and pay for its appropriate fees. In addition, applicants should also attach evidence of their U.S. Citizenship or permanent residence. U.S. Citizens may present files like birth certificates or unexpired passports. On the other hand, permanent residents may show their green card (Form I-551) or foreign passport with a stamp proving permanent residence.
Differences Between U.S. Citizens and Green Card Holders
In the context of family-based visas, it makes a difference whether the applicant is a U.S. Citizen or a Green Card holder. U.S. citizens may petition for minor children, unmarried sons and daughters, and married sons and daughters. Green card holders, however, may only sponsor minor children and unmarried sons and daughters.
Adopted and Step-Children Can Be Sponsored
Family-based visa extends immigration benefits to adopted and step-children as well. However, families with these relationships must submit additional documentary evidence. For adoptive parents, they need to submit a (1) copy of the children’s original birth certificate, (2) copy of the final adoption decree, (3) evidence that they had 2 years of legal custody over the adoptive children, and, (4) evidence that they had 2 years of physical custody over the adoptive children. For step-parents, they should exhibit a (1) copy of their step-child’s birth certificate issued by civil authorities, (2) copy of their civil marriage certificate to the step-children’s genetic or legal gestational parent, and (3) proof of the legal termination of all previous marriages for their and/or the genetic parent or legal gestational mother.
The USCIS can be critical with the documentary requirements. Consult with an immigration lawyer for added insights.
Take note: The application for sons and daughters aged twenty-one (21) years old and older may also include their children. Simply put, if you are petitioning for your children, you may also include your grandchildren in the process.
Reunite with Your Family
While modern technology shortens distances between families, nothing beats everyday physical interactions and living together. Do you want to bring your family members to the United States too? ALG Lawyers can lend a hand. We are a group of seasoned Los Angeles immigration lawyers whose dedication is to make the most out of every legal scenario.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)