Can My Child Apply for a Green Card While Already in the U.S.?

U.S. immigration law allows eligible U.S. citizens and Lawful Permanent Residents (Green Card holders) to file immigrant petitions for their children to obtain permanent residency.

However, eligibility depends on several key factors, including whether the parent is a U.S. citizen or Lawful Permanent Resident (LPR). In addition:

• Stepparents may only petition for stepchildren who were under 18 years old at the time of the marriage to the child’s biological parent.
• Adoptive parents may only petition for children who were legally adopted before the age of 16.
• LPR parents are not eligible for concurrent filing. This means that the I-130 petition and I-485 application cannot be filed at the same time.

Who Is Eligible to Adjust Status and Obtain a Green Card?

Under the Immigration and Nationality Act (INA), only “immediate relative” children qualify to apply for adjustment of status or a Green Card while inside the United States. To be eligible:

• The petitioner must be filing for a child, stepchild, or adopted child under the age of 21
• The child must be unmarried or divorced
• The child must have entered the U.S. legally with a valid visa or travel document and been inspected at entry
• Petitioners with certain criminal convictions may face restrictions under the Adam Walsh Act
• The foreign national child may be deemed inadmissible if they have certain criminal charges or convictions

What is the process like?

Here’s a simplified breakdown of the steps:

1. Confirm Eligibility – Speak with our office to confirm that you qualify to file a family‑based Green Card petition for your child, and that your child is eligible to receive a Green Card. Based on your family, immigration, criminal, and employment histories, there may be factors that could affect eligibility.

2. 2. Gather Documentation – Collect evidence of your parent child relationship, biographical information, and other relevant legal documents.
      1. At our office, we work to prevent unnecessary delays by providing each client with a personalized checklist tailored to their specific case. These checklists outline all required documentation and are delivered electronically via email and text message alerts for convenience.
      2. To help clients stay on track, we also send regular reminders until all items are submitted and the file is complete, which ensures a smooth and timely preparation process.

3. File Form I-130 (Petition for Alien Relative) – This petition establishes your relationship and proves your U.S. immigration status.
   1. We assist families with completing the I-130 petition and submitting all required supporting documents.
   2. Our tailored support reduces the risk of rejection, denial, or delays caused by Requests for Evidence (RFEs).
   3. The foreign national child of a U.S. citizen may also file the I-485 (Adjustment of Status), I-765 (Work Authorization), and I-131 (Travel Authorization) at the same time.

4. Attend the Biometrics Appointment – Your child may be scheduled for an ASC biometrics appointment to provide fingerprints and photographs. This information is used to conduct a criminal background check.

5. Attend the Green Card Interview – You and your child may be required to attend an interview at a local USCIS Field Office. Be prepared to present original and updated documents, and to answer questions about your family background, immigration history, employment, and the details of your relationship.
   1. At our office, we provide clients with mock interviews to help prepare for the real experience. This allows families to understand the types of questions typically asked and the reasons behind them. Mock interviews can be conducted by phone, virtually, or in‑person depending on the client’s preference.

6. Receive the Green Card – Upon a successful interview and background check, your child will receive their Permanent Resident Card (Green Card) by mail. We scan a copy for your records and securely forward the original to your designated address.

Advice & Final Thoughts

Sponsoring your child for a Green Card is one of the most meaningful immigration benefits U.S. citizens or Lawful Permanent Residents can offer, but it must be done carefully to avoid unnecessary delays or denials. If you’re unsure about your child’s eligibility, or your situation involves unique legal considerations, it’s prudent to consult with an immigration attorney for guidance tailored to your family’s needs.

For more information on Can My Child Apply for a Green Card While Already in the U.S. a consultation is your next best step. Get the information and legal answers you are seeking by calling (281) 777-1236 today!

Common Questions We Can Help You With

• Green card eligibility for children of U.S. citizens
• Can a child adjust status in the U.S.?
• Green card for immediate relatives under 21
• Adjustment of status for children of permanent residents
• How to file I‑130 and I‑485 for a child
• Concurrent filing for child green card application
• Stepchild green card eligibility requirements
• Adopted child green card process
• Green card for children who overstayed visa
• Can undocumented children apply for a green card?
• Green card for children of divorced parents
• Green card for children with criminal history or inadmissibility issues
• How long does it take for a child to get a green card?
• Green card processing time for children already in the U.S.
• Visa Bulletin for children of permanent residents

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(281) 777-1236