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Green Card for Children

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Children Green Card Attorney in Georgia

Do you have a foreign child who you wish to reside with you permanently in the United States? Fortunately, you can make this happen by petitioning for your child to get a green card.

At the Law Office of Jeffrey B. Kelly, we believe that every immigration dream matters.  We provide legal services to different immigration concerns, such as helping you get special immigrant juvenile status or temporary protected status, drafting immigration appeals, and guiding you to get an immigrant visa.

Nothing is too small or too large for us to handle. Schedule a consultation with us now!

Why do I need a Children Green Card Attorney in Georgia?

When petitioning for your child to get a green card, the burden is on proving that a relationship between you and the child exists. That must be supported by evidence. Not to mention, immigration laws and regulations are difficult to grasp and often prone to wrong interpretations. You'll also need to know if you need to go through consular processing or file a petition for adjustment of status.

All of these issues are just the tip of the iceberg. If you want to have a strong chance of bringing your child to the United States, call our experienced immigration attorney.

Our law office is staffed with skilled lawyers who have been helping immigrants with their immigration concerns. They are equipped with proper knowledge related to immigration laws and have years of experience putting them into practice.

Green Card for Children

children green card attorney Georgia

Of course, if parents, spouses, and siblings of a U.S. citizen or lawful permanent resident may obtain a green card, so can their children. This type of green card is called a family-based green card. 

The family-based green card is divided into two categories: immediate relatives and other distant relatives placed under the family preference immigrant category.

Immediate relatives are those with close familial links with a U.S. citizen, while the family preference immigrant category includes more distant relatives of a U.S. citizen as well as certain family members of a lawful permanent resident.

Regardless of the situation, immigration laws allow parents who are U.S. citizens or lawful permanent residents to petition for a green card for their children as long as they meet the eligibility requirements. In this petition, the petitioner or the parent is referred to as the sponsor, while the child is referred to as the beneficiary.

Who Qualifies for Petitioning for Their Children? 

If you are a U.S. citizen, you may petition the following: 

  • Unmarried children who are under the age of 21
  • Unmarried children who are 21 years old or above
  • Married children, regardless of age

 If you are a Lawful Permanent Resident, you may petition the following:

  • Unmarried children who are under the age of 21
  • Unmarried children who are 21 years old or above

If you believe you meet the above criteria, you must submit the following documents with your visa petition:

  • Duly accomplished Form I-130;
  • Any evidence of U.S. citizenship. Examples are a U.S. birth certificate, valid U.S. passport, consular report of birth abroad, naturalization certificate, or certificate of citizenship;
  • Any evidence of legal permanent resident status (or green card holder). Examples are the green card itself or your foreign passport with a stamp indicating temporary evidence of permanent residency;

Who is Considered a child?

Immigration law has narrowly defined who may be considered a child in any immigration process. Remember that each type of child has different requirements for proving their relationship, as discussed below.

Child of a Married Parents

This refers to a child that was born to a married couple which is, in legal terms, called a legitimate child. Mothers filing visa applications must only present the birth certificate of the child as proof of relationship, showing the mother's and the child's names.

If the father, on the other hand, was submitting the petition, he must produce a copy of the following:

  • The child's birth certificate, which includes the father's and child's names.
  • The marriage certificate, which demonstrates that the child was born after they were married.

Child of Unmarried Parents

As the name implies, this refers to children born out of wedlock or marriage. Parents are regarded as the child's natural parents in this scenario.

To prove the relationship, the mother must submit a copy of the child's birth certificate that includes both her and her child's names. Keep in mind that if the mother's maiden name was used on the child's birth certificate and it is different from her current name, then she must provide documentation proving that she legally changed her name. This is possible in cases where the mother was married.

On the other hand, proving a father-child relationship is not that easy. Several factors must be addressed. Here are some examples of how a father might demonstrate his relationship with his child:

  1. The child's birth certificate, which includes the father's name. If this is not the case, the father may apply to the local civil registry to have his name added to the birth certificate.
  2. A DNA test is performed between the father and the child. The petitioning father may also include other evidence of a birth parent-birth child relationship, such as an affidavit from the mother certifying that he is the true father of the child. Please keep in mind that only DNA test results from parentage-testing facilities accredited by the American Association of Blood Banks (AABB) will be accepted.
  3. If the petitioning father was not married to the child’s mother or the child was not legitimated before he or she turns 18, the petitioner must submit any document showing a father-child relationship before the child becomes 21 or marries. The evidence, in this case, must show emotional and/or financial engagement in the child's life, such as living together or paying for the child's needs (e.g., education).

Please take note that if the place where the child was born considers the father as legitimate, then the father does not need to submit additional information. He just needs to provide a document proving this.

Are you having trouble understanding which path is right for you? Consider calling our children green card attorney in Georgia to help you choose.

Legitimated Child

If the natural parents were not married before their child’s birth, they can be “legitimated” by having the father assume the lawful obligation to the child. This process of “legitimation” must occur before the child turns 18. 

Additionally, at that time, the child must still be under the custody of the parent requesting legitimation.  Similar to the previous requirements, a supporting document or proof must also be given as evidence for the “legitimated” child.

Stepchild

A step-relationship exists only when one of your natural parents marries someone else. If you are the stepparent and wish to prove the step-relationship, you must submit a copy of the following documents:

  • The step-child’s birth certificate
  • Your civil marriage certificate to the natural or legal parent of your stepchild.
  • Any proof (e.g., death certificate, divorce decree) demonstrating that your and/or the parent of your step-child’s previous marriages were legally terminated.

Please keep in mind that for a step-child to be eligible for immigration benefits, the natural parent must have remarried before they turn 18.

Adopted Child

To establish that a petitioning parent adopted a child, he or she must present a copy of the following:

  • The child’s original certificate
  • Final adoption decree
  • Any evidence indicating the adoptive parents have legal custody of the adopted child for at least two years.
  • Any evidence showing that the adopted child was in the physical custody of the adoptive parents for at least two years. This refers to when the child was living with you and when you exercised primary parental control.

Please note that the adoption proceedings must have concluded before the child turns 16.

Get in Touch With Our Children Green Card Attorney in Georgia to Start Your Petition!

Immigration law is notorious for its intricacies, which is why you need the assistance of an expert attorney. We are here to help you petition for your alien relative to get a lawful permanent resident status. We have an excellent track record of providing legal immigration services to our clients and mounting defense in immigration court.

Let our law firm help you obtain a green card for your family member!

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