In this article you will be able to get a clear answer to the question: “How to bring my son to the U. S.” At Curbelo Law we have more than 10 years of experience in this type of cases.
If you are looking for personalized legal advice, you can count on the help of our immigration attorneys in New Jersey, who will provide you with complete assistance for this type family-based immigration petition to the United States.
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If you are a U. S. citizen or lawful permanent resident, you can petition to bring your children to live in the United States. To do this, you will need to submit some documents required for the application process:
Lawful permanent residents must show one of these documents to USCIS:
In the event that the name of the applicant and/or that of their minor child has changed, you must show evidence with one of the following documents:
It is important to keep in mind that your child’s age and marital status are extremely important factors for the immigration process to be accepted. Therefore, your child must be under 21 years of age and a single person.
At Curbelo Law, attorney Carolina Curbelo specializes in providing full service. For example, in those cases where the you plan to get U. S, citizenship too.
You can also include an application for American citizenship for your immediate family members. We have covered this in different blogs on the web:
If you are a U. S. lawful resident or citizen and want to petition to bring your child, you can do so through the following procedures:
Children of U. S. military service members can be petitioned by their parents. This includes your spouse’s children (stepchildren) who can automatically become American citizens.
You might want to check our blog on Military Parole in Place for further information on benefits for military families.
If you are the biological mother of your child you will need to submit this additional document to Form I-130.
If you are the biological father of your child, you will need to submit the following documents with your Form I-130.
Stepparents may petition to bring their child as long as they submit the following additional documents to Form I-130:
Adoptive parents may petition to bringr their children, as long as the following additional documents are submitted with the Form I-130:
Parents in the U. S. can also petition for children already living within the United States through Form I-130 family reunification.
To do this, you can submit Form I-485, application for permanent residency or adjustment of status, processed together with Form I-130.
We invite you to review our article of interest on adjustment of status in the United States.
In this case, submit I-130 form. Your son or daughter will need to file Form I-485 when a visa number is available.
To do this you must process the I-130 form. Your son or daughter will need to file Form I-485 when a visa number is available.
If you are interested in knowing how to get a Green Card, we explain it in detail in our publication.
U. S. citizens can apply for their children over 21 years of age and obtain a Green Card through form I-130.
These are not considered immediate family members, so the process to obtain a Green Card will be longer compared to children under 21 years of age.
We remind you that immediate family members are:
All those considered immediate relatives will always have a visa number available although these are limited. This means that immediate relatives will always be given priority, as opposed to other family members.
There is a family preference category for those children who are not married but over 21 years of age, other members within this category are:
Family members within this category will have a limited number of immigrant visas. In general, preferential visas for family sponsorship are limited to only 226,000 visas per year.
Green Cards are issued chronologically from the dates on which the application was submitted, that date becomes a priority date for the applicant, making it impossible for an applicant to obtain the Green Card before said date.
If you are applying for a stepson or stepdaughter and you have not married the child’s biological father or mother, when the children receive permanent residency, they will also be granted Conditional Permanent Residence (CPR) status.
If you apply for the child’s father or mother, this parent will be granted CPR Status. You must file Form I-751 to revoke this conditional status for your child.
Form I-90, Application to Replace Green Card is NOT used to lift conditional residency.
The I-751 form must be processed within the period of 90 days before the expiration date of the conditional residence. If you do not submit this procedure within the indicated period, your spouse and child may be immediately deported from the United States.
If you have a “minor” child, they must be under 21 years of age. However, for immigration purposes, a child can be considered a “minor” as long as they are:
Did you know that unaccompanied immigrant minors often face difficult scenarios in the U. S? For example, they could be detained by the authorities. On our blog, you can find information on how to find a minor detained by immigration.
The question “How to bring my son to the U. S” involves many related questions. Here you have answers to the most frequent ones, but remember that only our attorneys are qualified to provide specific information. Send us your query because it does not commit you to anything and it can be the beginning to reunite with your loved ones.
You can know the NVC processing time, for this:
This process can take 10 to 20 years; based on current processing times and annual visa limitation.
Yes, you will simply need to file Form I-130 and send it to the consulate. Once a visa number is available you will be notified by the consulate.
The U. S. consulate or embassy will send you more information regarding the procedure and the steps to follow. If you have questions, please don’t hesitate to contact us.
After filing Form I-130, your minor child will be eligible to apply for a K-4 nonimmigrant visa. This visa gives your child permission to go to the United States to:
However, to start this process, you must process Form I-129F, petition for foreign fiancee.
If your child is abroad and you prefer to wait outside the U. S. until the process is complete, you will not need to file Form I-129F or apply for a K-4 visa.
Remember to our blog focused on the types of American visas for more information regarding this.
In the event that your application to bring your child to the U. S. was denied, the same denial letter will inform you of the steps to follow to know how and when to appeal.
For this, you must submit an appeal form for your immigration decision and its corresponding fee, which will be processed. Such appeal will be sent to the Board of Immigration Appeals.
If you plan to bring your son to the U. S. or and they are under unlawful presence it doesn’t matter if is your son, daughter or any other person living illegally in the United States, they may be at risk of receiving a sanction of inadmissibility or immediate deportation.
In these cases, having an experienced immigration attorney like Carolina T. Curbelo will be your best chance to avoid deportation. A viable resource will be to study a possible cancellation of removal or other available immigration relief.
Either way, if you are illegal in the U. S. and want to be legal, there are a number of ways you can go through this process. The same applies if you want to get married in the United States while being and undocumented immigrant or if you are wondering how to get a job in the United States while being illegal.
We have already given a comprehensive response to the main topic of the article: “How to bring my son to U. S.” If you are looking for experts in U. S. immigration law who can help you petition to bring your children to the United States, do not hesitate to contact us. Curbelo Law has been dedicated to this for more than a decade. From our office in New Jersey we have helped immigrants from all over Latin America reunite with their loved ones.
With more than 10 years of experience in immigration cases, we can help you in a wide variety of matters, from waivers of inadmissibility to understanding the DACA application requirements, among many other matters of immigration law.
Call today and get the best private advice from Latino immigrant lawyers.
January 8, 2024
March 27, 2024
ExcellentBased on 64 reviewsKayode Adewumi2024-01-02Dear Ms. Carolina, The Adewumi family would like to use this medium to express our heartfelt appreciation for everything you have done from the beginning of our journey here in the USA with you. Your kindness, dedication, and hard work have not gone unnoticed and we do not take it for granted. You have a remarkable ability to make a positive impact on our lives, and we are truly grateful to have you in our lives. Your unwavering support and encouragement have been a source of strength for us during both good times and challenging moments. You stood by us and are still standing, you never let go. Your genuine empathy makes you a true friend to us, your office never used our novice as an advantage, instead you walked with us through the journey and we are so lucky to have you by our side. We appreciate you for always being there, for lending a listening ear, and for offering wise advice. Your knowledge and perspective have helped us so much. Your positive energy and infectious enthusiasm are truly inspiring. Thank you for being the amazing person that you are. Your presence in our lives is a true blessing, and we are forever grateful. Sincerely, Adewumi Family.Hazel Suh2023-12-20You guys are amazing!! Thank you so much!Sucely Morales2023-12-09Sra carolina super abogada Muy profesional con un excelente equipo de trabajo!! Estoy muy feliz y satisfecha de Aberla elegido para poder obtener mi Recidencia recomendada al 💯Lenin Vasquez2023-11-01Jimena and Fernando are real experts in the legal field of real estate. When it comes to execute a sale transaction. They dominate pretty well the process from the beginning to the end. They deal with its customer in a very professional and effective way. As a real estate agent, they are the team that you need on your side in order to succeed.Iosif Trubin2023-10-30I recommend this law firm. They helped my mom with citizenship; they know all the details and how to go throw it! Also really polite and patient. Thank you again for your job!Denis Estuardo Cax patzan2023-10-30La abogada Carolina me ayudó a conseguir mi permiso de trabajo. Sobre todo el trabajo que hacen es increíble sin lugar a duda una de las mejores! 👏👏Stacy Dimovski2023-10-25Carolina and her team and very professional. Carolina took the time to explain everything to me so that I understand. Carolina and her team were always very available and responded very quickly. I will definitely work with them again in the future.Tatiana Durbak2023-10-24I have long known that Carolina is an excellent immigration attorney. Recently, she took over my real estate case in mid-stream. She and her staff were extremely knowledgeable, professional and helpful. Once they took over, they stuck with me to the vey end, overcoming with great patience and great insight obstacles thrown in along the way by the buyers' side. Thank you, thank you, thank you. I recommend their services to everyone. You could not find a better lawyer anywhere.
Our law firm is located in the U. S. but on immigration matters we serve clients from all around the globe. If you are searching for experienced lawyers don't hesitate to contact us today for a professional and private consultation.
