Can I Use My Green Card to Bring My Child to the U.S.?

Due to extenuating life circumstances, it may have been the most logical strategy to come to the United States before your children using a permanent resident card. Once you take care of yourself and get situated in this new country, your next priority may be to send for your children. Well, no matter that they are minors, they must undergo a similar immigration process as you did. For this, please read on to discover whether you can utilize your green card to get your child into the country and how one of the seasoned Lancaster, PA green card lawyers at Lupton Law LLC can fight to reunite your family.

How can I use my green card to bring my child to the United States?

With legal permanent resident status in the United States, you may be eligible to get your child a family-based green card through Form I-130, Petition for Alien Relative. Importantly, though, this is so long as they are still unmarried. Of note, your child may be classified in the second preference category for family-sponsored immigration of F2A if they are under the age of 21, or F2B if they are older. The waiting periods for F2A and F2B visa categories may range from a few months to a few years or a few years to over a decade, respectively.

Can I bring my child to the U.S. while their application is still pending?

Understandably, you may not want to be separated from your child for an indefinite number of months, let alone years, while waiting for their family-based green card to get approved. You may rest a little bit easier knowing that the United States Citizenship and Immigration Services (USCIS) may offer a legal pathway for your child to stay with you in the country with a pending application. Notably, this is through a V visa. Specifically, a V-2 or V-3 visa option may be made available if you are a legal permanent resident who has filed Form I-130 for your child on or before December 21, 2000. Then, your petition must have been pending for at least three years. Your child must also be unmarried and under the age of 21 during this waiting period.

Unfortunately, you may have submitted your child’s application more recently than the posted date. Well, we regret to inform you that other initiatives to quicken your reunion with your child, such as the K-4 visa option, may be exclusively for U.S. citizens. With that said, your best bet to expedite your child’s processing time may be by petitioning for humanitarian parole. Here, you may have to establish proof that your child has a severe medical condition that can only be addressed with the U.S. healthcare system. Or, that you otherwise have a serious family emergency that requires you to be together with your child.

If you are ready to make matters right, please retain the services of one of the competent Lancaster, PA family-based immigration lawyers as soon as you can. We at Lupton Law LLC look forward to receiving your outreach.