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Family-Based Immigration: A Green Card Holder's Guide to Bringing a Son or Daughter Overseas

Immigration to the United States is a long and complicated process. For many people, obtaining a green card is a notable milestone in their immigration journey. However, even after obtaining a green card, there are still many challenges that immigrants face, including the process of bringing their family members to the United States.


This blog will provide information on the process of a green card holder applying for their son or daughter overseas.


I. Overview of the Green Card Process


A permanent resident card, commonly referred to as a green card, is issued by the U.S. Citizenship and Immigration Services (USCIS) to foreign nationals who are authorized to live and work permanently in the United States. Green card holders have the right to reside and work in the United States indefinitely, and they are also eligible for certain government benefits.


To obtain a green card, a foreign national must first qualify under one of the eligibility categories. These categories include family-based immigration, employment-based immigration, and humanitarian programs. Once the eligibility category is determined, the foreign national must file an application with USCIS. The application process can take several months or even years, and it involves a thorough background check, medical examination, and interview with a USCIS officer.


Once the green card is approved, the foreign national becomes a lawful permanent resident (LPR) of the United States. LPRs have the right to live and work in the U.S. permanently and are also eligible to apply for U.S. citizenship after meeting certain requirements.


II. Applying for a Son or Daughter Overseas


If a green card holder wishes to bring their son or daughter to the United States, they must first determine whether their child qualifies for a green card. There are two main categories of family-based immigration: (A) immediate relatives and (B) family preference categories.


A. Immediate Relatives


Immediate relatives are spouses, parents, and unmarried children under the age of 21 of U.S. citizens. There is no limit to the number of visas that can be issued in this category each year, which means that there is no waiting list. As a result, the processing time for immediate relatives is usually much faster than for family preference categories.


To apply for a green card for an immediate relative, the green card holder must file Form I-130, Petition for Alien Relative, with USCIS. Once the petition is approved, the child can apply for a green card through a U.S. embassy or consulate overseas.


B. Family Preference Categories


Family preference categories include unmarried children over the age of 21, married children of any age, and siblings of U.S. citizens. There is a limited number of visas available in each category each year, and there is often a waiting list. The processing time for family preference categories can vary widely, depending on the category and the country of origin of the applicant.


To apply for a green card for a child in a family preference category, the green card holder must first file Form I-130, Petition for Alien Relative, with USCIS. Once the petition is approved, the child will be placed on a waiting list. When a visa becomes available, the child can apply for a green card through a U.S. embassy or consulate overseas.


Conclusion


Bringing a son or daughter to the United States can be a long and complicated process, but it is possible for green card holders. The process will vary depending on whether the child is an immediate relative or falls under a family preference category. Green card holders should consult with an experienced immigration attorney to determine the best course of action for their specific situation.


If you have any questions or concerns regarding your case, please feel free to contact Tchamda Law.


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