Children of U.S. Citizens

Overview:

U.S. citizens can often provide their children with the opportunity to obtain permanent residency (a green card) in the United States.  However, the level of opportunity greatly depends upon the age of the child.  Below are the two major categories.  To learn whether your child is eligible for permanent residency, please contact an Albany family immigration lawyer.

Childern of U.S. Citizen:

Under the Age of 21 and Unmarried:

Unmarried children of U.S. Citizens who are under the age of 21 have the most opportunity to obtain permanent residency through their parents. Children in this category must demonstrate their relationship with the U.S. Citizen parent, and that they entered the United States lawfully. Once a child has successfully demonstrated that he or she falls into this category, the child can immediately adjust status, obtain a green card, and gain permanent residency, if not disqualified due to prior actions.

Over the Age of 21 and Unmarried:

Adult children of U.S. Citizen who are unmarried are also able to obtain permanent residency. These individuals, however, are not in the same position as children under the age of 21.  Instead, unmarried, adult children of a U.S. Citizen make up the first preference category for family-based immigration. Most often, this means that there will be a delay before the applicant can obtain permanent residency.  To see where the first preference category currently is, please visit the Department of State’s Current Visa Bulletin.

Married Child of U.S. Citizen:

Married children of U.S. Citizens can also obtain permanent residency in the United States. Unfortunately, the process often takes much longer to complete compared to other categories for children of U.S. Citizens. Once the family relationship is established, the child must wait until a visa becomes available to enter into the United States. Married children of a U.S. Citizen make up the third preference category for family-based immigration. To see where the third preference category currently is, please visit the Department of State’s Current Visa Bulletin.

Naturalization: After five years of permanent residency, a green card holder may be eligible to become a naturalized U.S. Citizen.  In certain situations, the process can be faster.

Work Authorization: Children of U.S. Citizens may work in the United States after obtaining permanent residency.

More Information:

For more information, please visit the USCIS website. If you are a child of a U.S. citizen in the Albany area, please contact Gafner Law Firm to learn whether you are eligible for permanent residency.