The Green Card Application for a Child of U. Unmarried children under 21 year old of U. Immediate relatives may immigrate to the United States on a family based petition. For immediate relative to qualify as a “child” of a U. The only distinction in eligibility between a child in “First Preference of unmarried sons and daughters of U. First Preference is over 21 years old. This means there is no immigration visa quota allowed under the immediate relative category for USA Green Card application, unlike other close family members of U. USCIS Form I-130 and Form I-485 for adjustment of status at the same time, without the Form I-130 approval notice. If the child is already in the United States in a nonimmigrant status, the U. During this waiting period, the child needs to independently maintain a valid nonimmigrant status.
If the child is outside the United States, the U. Consulate in the country where the child lives. Once the immigration petition is approved and an immigrant visa is available, the National Visa Center of the U. There are two scenarios for children of U. The first scenario is that the child is already in the United States in a nonimmigrant status. 21 year of age of U. The second scenario is that the child is outside the United States.
State Department sends a forms and information package to the U. For a immediate relative of U. 21 can get immigrant visa without waiting time. The first step in applying for an immigrant visa is for the U. Each person immigrating will be required to complete a biographic data form. The appointment for the visa interview and medical examination will be scheduled. Children are generally eligible for a derivative status until 21 years of age. For example, a child with parents on H-1 status may remain in H-4 status until age 21.
For these individuals, 21 is a more significant age than 18. For most nonimmigrant statuses, the end point for children is 21. At that time, if the child wishes to remain in the U. This matter should be addressed well in advance of the 21st birthday, in order to plan ahead and take any needed action. The “age out” arises in some situations where children applicants apply for adjustment of status, consular processing, or naturalization. In many instances, alien children are eligible for immigration benefits if they are the children of U. In these situations, if children applicants or beneficiaries reach the age of 21 and the applications for adjustment of status or applications for immigration visa are still pending, they lose their eligibility for a Green Card which they would have had, had they not yet attained the age of 21. Thus, children who turn 21 years old before their applications for adjustment of status or applications for immigration visa are decided are “age out”.
If a person filing for Green Card application is 21 or less and unmarried, he or she will be able to file as a child. However, if the child’s parents are legal permanent residents, not U. Even after the papers are filed for permanent residency, it can take many months or even years to officially register the adjustment of status. The “Following-To-Join” Benefit for Permanent Resident’s Child to Get U. Essentially, through this process, spouses and children will be able to receive U. The following-to-join is for alien spouse and children to receive derivative benefits based on a primary permanent residency’s immigration application approval. Children of the permanent resident must be unmarried and under the age of 21. If you had children who did not obtain permanent residence at the same time as you did, they may be eligible for follow-to-join benefits. This means that you do not have to submit a separate Form I-130 for your children. In addition, your children will not have to wait any extra time for a visa number to become available.