Children and Parents of US Citizens

Immediate Relatives of U.S. Citizens

U.S. immigration law gives special preference to "immediate relatives" of U.S. citizens. This category includes:

• Spouses of U.S. citizens
• Unmarried children under 21 years of age of U.S. citizens
• Parents of U.S. citizens who are at least 21 years old

One of the significant advantages of being classified as an immediate relative is that there are no annual visa quotas or waiting periods for visa numbers. This means that immediate relatives can obtain immigrant visas or adjust status to permanent residency more quickly than other family-based preference categories.

Petitioning for Children of U.S. Citizens

Unmarried Children Under 21

U.S. citizens can petition for their unmarried children under 21 years of age using Form I-130, Petition for Alien Relative. This includes:

• Biological children
• Stepchildren (if the marriage creating the stepchild relationship occurred before the child's 18th birthday)
• Legally adopted children (if adopted before the age of 16 and in the legal custody of the adoptive parent for at least 2 years)

Adult or Married Children

U.S. citizens can also petition for their adult or married children, but they fall under different preference categories:

• First Preference (F1): Unmarried sons and daughters (21 years or older) of U.S. citizens
• Third Preference (F3): Married sons and daughters of U.S. citizens

Unlike immediate relatives, these preference categories are subject to annual visa quotas and often have waiting periods.

Child Status Protection Act (CSPA)

The Child Status Protection Act provides protection for children who might "age out" (turn 21) while waiting for their immigration process to be completed. The CSPA allows certain children to retain their classification as "children" even after turning 21, protecting their eligibility for immediate relative status or a more favorable preference category.

Petitioning for Parents of U.S. Citizens

U.S. citizens who are at least 21 years old can petition for their foreign national parents to obtain permanent residency. The petitioning process involves:

1. Filing Form I-130, Petition for Alien Relative
2. Providing evidence of the parent-child relationship
3. Demonstrating U.S. citizenship
4. Meeting financial sponsorship requirements

Proving the Parent-Child Relationship

To successfully petition for a parent, you must establish the parent-child relationship through:

• Biological mother: Birth certificate showing your name and your mother's name
• Biological father: Birth certificate showing your name and your father's name, plus evidence of a financial, emotional, or custodial relationship with your father before you turned 21
• Adoptive parents: Adoption decree showing adoption before age 16 and legal custody for at least two years
• Step-parents: Marriage certificate of parent and step-parent showing marriage before you turned 18

Financial Sponsorship Requirements

As a petitioner for immediate relatives, you must demonstrate the ability to financially support your relatives at 125% above the federal poverty guidelines. This involves:

• Filing Form I-864, Affidavit of Support
• Providing tax returns and evidence of income and assets
• If necessary, finding a joint sponsor who meets the income requirements

The Application Process

The process for immediate relatives typically involves the following steps:

If the Relative is Outside the U.S. (Consular Processing)

1. U.S. citizen files Form I-130 with USCIS
2. Upon approval, the case is transferred to the National Visa Center (NVC)
3. The NVC collects fees and additional documentation
4. The case is forwarded to the U.S. embassy or consulate in the relative's home country
5. The relative attends an immigrant visa interview
6. If approved, the relative receives an immigrant visa to enter the U.S.
7. Upon entry, the relative becomes a lawful permanent resident

If the Relative is Inside the U.S. (Adjustment of Status)

1. U.S. citizen files Form I-130 with USCIS
2. Concurrently or after I-130 approval, the relative files Form I-485, Application to Register Permanent Residence or Adjust Status
3. The relative attends a biometrics appointment
4. The relative may attend an interview at a local USCIS office
5. If approved, the relative receives a green card

Common Challenges and Solutions

Family-based immigration can involve various challenges, such as:

• Documentary Evidence: Difficulty obtaining birth certificates or other proof of relationship
• Financial Requirements: Meeting the income requirements for sponsorship
• Medical Inadmissibility: Health-related grounds that may affect eligibility
• Prior Immigration Violations: Unauthorized entry or overstays that may trigger inadmissibility
• Processing Delays: Lengthy waiting times for application processing

Our experienced attorneys can help address these challenges through:

• Alternative document strategies when primary evidence is unavailable
• Asset-based solutions when income requirements aren't met
• Waivers for certain grounds of inadmissibility
• Strategic planning to minimize separation of family members

Our Services for Children and Parents of U.S. Citizens

JZ Law Group provides comprehensive legal services for immediate relative petitions, including:

• Evaluating eligibility and determining the best immigration path
• Preparing and filing Form I-130 petitions
• Assisting with adjustment of status or consular processing
• Preparing financial sponsorship documentation
• Addressing documentary challenges for proving relationships
• Preparing clients for interviews
• Identifying and applying for applicable waivers
• Handling complex cases involving prior immigration issues or other complications

Why Choose JZ Law Group for Your Family Immigration Case

Our firm understands the importance of family unity and the desire to bring your children or parents to the United States. We provide compassionate and thorough representation, recognizing the unique circumstances of each family. Our attorneys have extensive experience with both straightforward and complex family-based cases, including those involving documentary challenges, inadmissibility issues, or unusual family structures.

We pride ourselves on our attention to detail, clear communication, and commitment to keeping families together. From the initial consultation through permanent residency and beyond, we're here to support you every step of the way.