Only children and sometimes step-children, adopted children or orphans of a U.S. Citizen are eligible to apply for a green card under this category. The person must be unmarried and under 21.

The parent must be:

• A U.S. Citizen by birth or naturalization
• Over 21 years of age

When the child is already in the United States:

• A sponsoring parent files the immigrant petition (I-130) and green card application with DHS
• DHS processes the application. Within a few months, the applicant receives a fingerprint appointment and an order to pick up the work authorization/travel permit.
• DHS schedules an interview at the local DHS office. At the interview, the officer can approve the green card on the spot, ask for additional evidence or hold until the applicant’s security clearance and fingerprints have cleared with the F.B.I.

When the child is abroad:

• A sponsoring parent files the immigrant petition (I-130) with DHS
• DHS forwards the petition to the National Visa Center for security checks and other processing
• The NVC forwards the petition to the U.S. Consulate in the child’s home country
• The child goes to interview and enters the U.S. as a green card holder

Step-children may benefit as well from these laws, provided that the child was under the age of 18 when the marriage creating the step-relationship occurred. Under certain circumstances, a step-parent can petition even if the marriage which created the relationship is no longer in existence.

Adopted children must meet the following before he or she can apply for a  green card:

• The adoption must be legally registered and recognized in the child’s home country before he or she turns 16
• The parents must live with the child for two years and exercise “parental control” for two years before or after the adoption
• The petition must be granted before the child turns 21

If you think you need a lawyer to handle your immigration case, please contact Ms Troy to arrange a consultation to discuss your options. Located in San Francisco, Immigration Attorney Christine Troy can help guide you through the various legal processes and resolve any issues regarding your case. Ms Troy works on cases in San Francisco, the San Francisco Bay Area, Northern and Southern California, across the United States, and internationally.