Second Preference
If you have a green card, your unmarried children ages 21 years or order may come and live permanently in the U.S.
U.S. immigration law currently allows family migration—or chain migration. That means U.S. citizens and green-card holders (legal permanent residents) can file family petitions on behalf of close relatives to enable them to immigrate to the U.S. and reunify with family.
The Alcorn Immigration Law team can help with the green card process whether your relative is in the U.S. or another country.
Eligibility Requirements
If you are helping your grown children to apply for green cards, you should be cautious about timing. Speak with an immigration attorney about the process.
To apply for a green card,
- Your child must be 21 years of age and unmarried.
- You must file Form I-130 (Petition for Alien Relative) on behalf of each green-card applicant to U.S. Citizenship and Immigration Services (USCIS).
- Each relative who comes to the U.S. based on a family petition must have a financial sponsor. If you will be your child’s financial sponsor, you must file Form I-864 (Affidavit of Support). If you don’t meet the financial qualifications, another individual will need to make the commitment and file Form I-864 on behalf of your child.
Application Process
Your child may apply for a green card from either inside or outside the United States.
If your adult child is already in the U.S. legally, you must be cautious about the timing of the filing. As stated before, we recommend consulting with an immigration attorney. One possible process is:
- The green-card holder files Form I-130 (Petition for Alien Relative)
- After it gets approved and the priority date becomes current, the foreign adult child is eligible to finalize the green card process.
- The adult child fills out Form I-485 (Application to Register Permanent Residence or Adjust Status), while the financial sponsor must fill out Form I-864.
- Submit all forms along with all supporting evidence to USCIS.
If your adult child is outside the U.S., she or he may apply for a green card at a U.S. embassy or consulate. To apply:
- The green-card holder must fill out and submit Form I-130 and supporting evidence to USCIS.
- Await the approval and the priority date.
- The financial sponsor must submit Form I-864 and supporting evidence to USCIS.
- If USCIS approves the petitions, the U.S. Department of State will invite your adult child to apply for an immigrant visa at a U.S. embassy or consulate abroad.
- The applicant should pay the USCIS Immigrant Fee after receiving an immigrant visa packet from the U.S. embassy or consulate before traveling to the U.S.
- Once the applicant is in the U.S., the applicant should submit Form I-485 along with supporting evidence to USCIS for a green card.
We Can Help
Figuring out immigration law can be difficult, confusing, and time-consuming. The Alcorn Immigration Law team can help you reunite with your family. Questions? Contact us.
MORE INFORMATION
- Fees
- $1,140 for Form I-485
- $535 for Form I-130
- $120 for Form I-864 if form is filed in the U.S.
- $165 USCIS Immigrant Fee if immigrating to the U.S. from abroad
- $85 biometrics service fee for green card applicants ages 14 to 78
- Related Forms
- Form I-485 (Application to Register Permanent Residence or Adjust Status)
- Form I-130 (Petition for Alien Relative)
- Form I-864 (Affidavit of Support)
- Other forms may be required depending on your situation.
- Steps
- If the applicant is in the U.S.:
- The applicant fills out Form I-485.
- The green-card holder fills out Form I-130.
- Forms and evidence are submitted together to USCIS.
- If the applicant is outside the U.S.:
- The green-card holder files Form I-130.
- The applicant will be contacted by U.S. Department of State to apply for immigrant visa.
- If the applicant is in the U.S.:
- Immigrant Intent
- Yes, you intend to live permanently in the U.S.
- Who Qualifies
- Unmarried adult children of green-card holders
- Period of Stay
- Lifetime
