Legal News

Edited By Hetal Bansal on May 09,2024

Expert Child Immigration Lawyer- Protect The Family's Future

Bringing your child into the United States can be a complex and challenging process. Whether you are seeking to reunite with your child or hoping to provide them with better opportunities, navigating the immigration system requires expertise and guidance. An expert child immigration lawyer can help you understand your options, gather the necessary materials, and navigate the legal process efficiently.

Bringing Your Child to the United States

You can bring your child into the United States through various immigration processes, such as family-based immigration or special immigrant juvenile status (SIJS). The specific requirements and procedures vary depending on your immigration status and your child's circumstances. Generally, a child is defined as an unmarried individual under the age of 21 in immigration law.

However, there are exceptions and special provisions for certain categories of children. To bring your child into the United States, you will need to provide various materials, including birth certificates, passports, medical records, and proof of your relationship with your child. An experienced immigration lawyer can help you understand your options and navigate the process efficiently.

Who is a Child, As Per Immigration Law?

In immigration law, a child is typically defined as an unmarried individual under the age of 21. This definition may vary depending on the specific immigration benefit you are seeking for your child. For example, for family-based immigration, a child is generally defined as an unmarried individual under the age of 21 who is the biological child, stepchild, or adopted child of a U.S. citizen or lawful permanent resident.

However, there are exceptions and special provisions for certain categories of children, such as the child of a U.S. citizen who is married or the child of a lawful permanent resident. It is important to consult with an experienced immigration lawyer to understand how the immigration authorities define a child in your specific case.

Age Limit on Who is a Child

Yes, there is an age limit on who counts as a child for immigration purposes. Generally, individuals over the age of 21 are considered adults for immigration purposes. However, there are some exceptions and special provisions for certain categories of children. For example, unmarried sons and daughters of U.S. citizens who are over the age of 21 may still qualify for certain immigration benefits, such as family-based immigration or the Diversity Visa Lottery.

Additionally, there are special provisions for children who qualify for special immigrant juvenile status (SIJS), which is available to unmarried individuals under the age of 21 who have been abused, abandoned, or neglected by one or both parents. It is important to consult with an experienced immigration lawyer to understand the age limits and exceptions that may apply in your specific case.

Documents Required

To bring your child into the United States, you will need to gather several important materials. The specific documents required may vary depending on the immigration process you are using and your child's circumstances, but generally include:

Birth Certificate: Your child's birth certificate is essential to prove their identity and relationship to you.

Passport: Your child will need a passport from their home country.

Medical Records: You may need to provide medical records for your child, including vaccination records.

Proof of Relationship: You will need to provide evidence of your relationship with your child, such as a birth certificate or adoption decree.

Financial Support: You may need to show that you can financially support your child while they are in the United States.

Consent: If you are not the child's biological parent, you may need to provide consent from the child's other parent or legal guardian.

Legal Documents: Depending on your child's circumstances, you may need to provide additional legal documents, such as a court order granting you custody.

Application Forms: You will need to fill out and submit the appropriate application forms for bringing your child into the United States.

An experienced immigration lawyer can help you gather the necessary materials and navigate the process efficiently.

Time it Takes to Bring Your Child to the USA.

The time it takes to bring your child into the United States can vary depending on several factors, including the immigration process you are using and the backlog of applications. In some cases, the process can be completed in a matter of months, while in other cases, it may take several years. For example, family-based immigration petitions for immediate relatives of U.S. citizens, such as spouses, parents, and unmarried children under 21, are typically processed relatively quickly.

However, other categories of family-sponsored immigrants may face longer wait times due to annual visa quotas. It is important to consult with an experienced immigration lawyer to understand the estimated timeline for bringing your child into the United States based on your specific circumstances.

Married Persons Not Counted as Children

In immigration law, individuals who are married are generally considered adults, regardless of their age. This means that once a person is married, they are no longer considered a "child" for immigration purposes, even if they are under the age of 21. This has important implications for immigration benefits, as individuals who are considered children may qualify for certain benefits, such as derivative status on a parent's visa application.

Once a person is married, they must apply for immigration benefits as an adult, which may involve different requirements and procedures. It is important to consult with an experienced immigration lawyer to understand how your marital status may affect your immigration status and options.

Bringing spouse or children to the USA of Your Child

In some cases, a child who is brought to the United States may be able to petition for their spouse or children to join them. However, the specific rules and requirements vary depending on the immigration category and the age and marital status of the child.

For example, unmarried children under the age of 21 who are brought to the United States as derivatives of their parents' immigrant visas may be able to petition for their spouse or children once they become lawful permanent residents. However, the process can be complex, and it is important to consult with an experienced immigration lawyer to understand your options and navigate the process effectively.

Relationship Required Between Child and Parent or Parents

The legally required relationship between a "child" and parent or parents for immigration purposes varies depending on the specific immigration benefit sought. Generally, a child is defined as a biological child, stepchild, or adopted child of a U.S. citizen or lawful permanent resident. Proof of this relationship typically requires providing a birth certificate, adoption decree, or other legal documentation.

In some cases, such as with special immigrant juvenile status (SIJS), the child must also have a court order determining that they have been abused, abandoned, or neglected by one or both parents. Additionally, the child must be unmarried and under the age of 21 to qualify as a "child" for immigration purposes. It is important to consult with an experienced immigration lawyer to understand the specific requirements for proving the relationship between a child and parent or parents in your case.

Need of a Lawyer to Bring Your Child

Bringing a child into the United States can be complex, especially concerning legalities. While you're not legally required to have a lawyer, it's highly recommended. An experienced immigration attorney can navigate the intricate process, ensuring all paperwork is correct and deadlines are met.

They can also advise on the most suitable visa or immigration program for your situation, avoiding potential pitfalls that could delay or jeopardize your child's entry. Moreover, they offer peace of mind, guiding you through any legal challenges that may arise. Considering the stakes involved, having a lawyer can make the process smoother and more successful.

You may also like to read: Guide to United States Citizenship and Immigration Services

Conclusion

Bringing your child into the United States is a significant decision that can have a lasting impact on your family's future. An expert child immigration lawyer can provide you with the guidance and support you need to navigate the immigration process successfully. By understanding the requirements and procedures involved, you can protect your family's future and ensure that your child has access to the opportunities they deserve.

This content was created by AI