Helping Sons & Daughters Immigrate to the U.S.

• Basic Overview
• Who can file for sons and daughters?
• What does the petition do for my son or daughter?
• What if my unmarried son or daughter gets married?
• What about other relatives?
• What about my son or daughter's family?
• After I file, how long will it be before my son or daughter can immigrate?
• Can my son or daughter wait in the United States until becoming a permanent resident?
• Does filing a relative petition commit me to anything?
• How do I file?
• What happens after I file?
• How long will it take USCIS to process my petition?
• What if I filed a petition for a relative when I was a permanent resident, but I am now a U.S. citizen?
• Help with Family-Based Immigration

Overview

Millions of people want to come to the United States (U.S.) to live. To manage this process the law sets eligibility standards and also limits how many people can immigrate each year. One of the most common ways people immigrate is based on a relationship to a U.S. citizen.

Children of U.S. citizens and lawful permanent residents may immigrate to the U.S. based on that relationship. It may sound confusing at first, but under U.S. immigration law a son or daughter who has been married or is at least 21 years old is no longer considered a "child." U.S. immigration law limits the term "children" to children and step-children who are under 21 and have never been married. Additional requirements apply to adopted children. You can learn more from our web site about how to help children who are under 21 and unmarried.

If you want to help a son or daughter immigrate to the United States, start the process by reviewing the eligibility criteria and contacting D.Ray Mantle about filing an immigrant petition.

Who can file for sons and daughters?

U.S. citizens can file for their sons and daughters (married and unmarried). Lawful permanent residents can only apply for unmarried sons and daughters. In your petition, you will have to prove your relationship.

What does the petition do for my son or daughter?

Filing a relative petition and proving a qualifying relationship gives your son or daughter a place in line among others waiting to immigrate based on the same kind of relationship. When the place in line is reached, your son or daughter may be eligible to apply to immigrate.

For example: You file a petition for your daughter. If USCIS approves it, your petition gives her a place in the line of people from the same country who are also sons and daughters of U.S. citizens, or a place in line for sons and daughters of lawful permanent residents.

Your son or daughter’s place in line will be based on the date you file your petition. So, there is an advantage to filing as soon as possible. There is no waiting line for a U.S. citizen’s parent, spouse, or unmarried child under age 21.

What if my unmarried child gets married?

Once a son or daughter marries they are no longer qualified to immigrate as a "child" and are immediately categorized as married sons or daughters. U.S. citizens can sponsor unmarried and married sons and daughters, but the waiting period can be quite long based on visa availability.

There is no visa category for the married child of a permanent resident. A petition for an unmarried child of a lawful permanent resident will normally be automatically revoked if he or she gets married. If you think a child may marry before they can immigrate, you may want to not only consider filing a separate petition for them now, but also applying to become a U.S. citizen if you are eligible. While there is no visa category for the married child of a permanent resident, there is one for the married child of a U.S. citizen. Filing a separate petition now preserves that option so if you do become a U.S. citizen before the child marries, then the separate petition could continue to be processed in the visa category for the married son/daughter of a U.S. citizen.

What about other relatives?

U.S. citizens may petition for spouses, parents, children, sons and daughters, and brothers and sisters. Lawful permanent residents may petition for spouses, children, and unmarried sons and daughters. Only these close relationships qualify for family-based immigration petitions.

What about my son or daughter’s family?

In most cases, when your son or daughter's place in line is reached and he or she applies to immigrate, his or her husband or wife and unmarried children under 21 can apply as dependents.

For example: You file a petition for your daughter. You cannot directly petition for her husband and children. However, they can apply for immigrant visas with her, when her place in line is reached.

On the other hand, a separate petition must be filed on behalf of each person who qualifies as your direct relative, including your children.

After I file, how long will it be before my son or daughter can immigrate?

The law gives special standing to a U.S. citizen’s husband or wife, unmarried children under 21, and parents.

• There is no waiting list for immigration for these relatives.
• The Department of State will invite them to apply for an immigrant visa as soon as we approve your petition. In some cases, the petition can be filed outside the U.S., directly at the U.S. Consulate.
• If they entered legally and are currently in the U.S. (and meet certain other requirements), they may be able to file applications to adjust to permanent resident status.

For other relatives, the combination of high demand and the limits set by law on how many people can immigrate each year means your son or daughter may have to wait several years while petitions that were filed before theirs are served. When your son or daughter reaches the “front of the line”, the Department of State contacts them and invites him or her to apply for an immigrant visa. If you are interested in current wait times for visa numbers, see Case Status for the most recent Visa Bulletin.

Can my son or daughter wait in the United States until becoming a permanent resident?

Your approved petition gives your son or daughter a place in line among those waiting to immigrate. It does not let him or her come to the U.S. or remain here until he or she can apply for permanent residence. Your son or daughter should wait outside the U.S. to immigrate legally. If he or she comes or stays without legal status, it will affect your son or daughter's eligibility to become a permanent resident when the place in line for a visa is reached.

Does filing a relative petition commit me to anything?

Under the law, every person who immigrates based on a relative petition must have a financial sponsor. If you choose to sponsor your relative’s immigration by filing a relative petition, then when the time comes, you must agree to be his or her financial sponsor and file an affidavit of support. If you do not meet the financial qualifications, then other individuals will also have to make this commitment.

How do I file?

General instructions are included with the I-130 relative petition, and USCIS posts updates and fees on its web site. The I-130 petition is a legal case and mistakes or misrepresentations can jeopardize your son or daughter's chances of ever immigrating to the United States. You should carefully review the eligibility requirements, then talk with an immigration lawyer about the specific circumstances of your case. D.Ray Mantle assists clients by making sure the petition is complete and includes all of the necessary evidence to support your relative's eligibility.

What happens after I file?

After your petition is filed, USCIS will mail you an official receipt so you can track the processing of your case. If your petition is incomplete, USCIS may have to reject it, or ask you for more evidence or information, which will delay processing. Working with an experienced immigration attorney from the beginning will help you avoid errors and delays.

Normally, when USCIS approves the petition, notice will be sent to the U.S. State Department’s National Visa Center (NVC). Once your relative’s place in line for a visa number is reached, the NVC will notify you and your relative, inviting him or her and qualifying dependents to apply for immigrant visas at the nearest U.S. Embassy.

How long will it take USCIS to process my petition?

Processing time depends on a number of factors. You can check USCIS current processing times on our web site. Due to government backlogs and limited resources, USCIS will often postpone processing a case if the priority dates listed on the Visa Bulletin for that category represent a long waiting line for available visa numbers.

What if I filed a petition for a relative when I was a permanent resident, but I am now a U.S. citizen?

If you become a U.S. citizen while your relative is waiting for a visa, you can upgrade your relative's visa classification by upgrading your petition. Spouses and unmarried children under age 21 of U.S. citizens have visas immediately available to them.

• If you become a U.S. citizen after your petition is already approved and sent to the State Department, you should notify the NVC that you have become a U.S. citizen by sending a copy of your naturalization certificate to the NVC. Please include a letter with information regarding your relative and a copy of the petition approval.
• If you become a U.S. citizen and your relative's petition has not yet been approved by USCIS, you will need to notify USCIS.

If your relative is your spouse and he/she has children who are your stepchildren or adopted children, and you did not file separate petitions for them, you must file separate petitions for them now with evidence of your U.S. citizenship.

Help with Immigration for Sons and Daughters

D.Ray Mantle assists families in obtaining positive immigration results in a timely, personal and professional manner. Your individual circumstances are carefully reviewed by an experienced immigration attorney to determine which options are available to you. Mr. Mantle provides guidance and help in gathering the necessary information and documents for your case, prepares all of the necessary application forms, and also ensures that your final application meets all government requirements. Learn more about how an experienced immigration attorney can help you reach your immigration goals: Why MantleWorks.

If you would like to understand more about the application process and to find out if your son or daughter qualifies for immigration to the United States, please contact D.Ray Mantle for a consultation.