Both residents and U.S. citizens can apply for a green card for their family members. This is made possible through the family reunification process. Now, what about the parent-to-child family petition? What is the process for children? Today we will look at what you need to know about the immigration process for parents and children.
Family reunification is what you need to help your loved ones. However, the process is long and difficult. But do not despair. Our family immigration attorneys can give you the assistance you need. At Zava Immigration Law Group we are here to help you. Tell us about your case and take the first step to secure your family’s future.
Table Of Contents
The importance of family reunification
The family reunification process has become an essential method for those who want to reunite with their loved ones. Since the Trump administration, many migrants have used it to help their family members. In this sense, the parent-to-child family petition is one of the many forms that this migratory process takes.
However, this has its complexities. The immigration process for children is not the same for all cases. In addition, gathering the required documentation can be a challenge. That is why our family immigration attorneys are committed to helping you. Contact us and secure your family’s future.
Requirements for parent-to-child family petition
The requirements for the parent-to-child family petition vary depending on your age and marital status. In the following table you will find the requirements for children of citizens and residents.
| If you are… | Then you can petition for… |
| U.S. Citizen | Unmarried children under 21 years of age. |
| Unmarried children over 21 years of age (Your child’s children may be included in the petition). | |
| Married sons and daughters of any age (the spouse and/or child of your son or daughter may be included in the petition). | |
| Permanent Resident | Unmarried children under 21 years of age. |
| Unmarried children over 21 years of age (Your child’s children may be included in the petition). |
The eligibility requirements for a parent-to-child family petition may vary in exceptional cases. This is because the notion of “minor child” is not as clear in immigration. Therefore, it is best to consult your eligibility with a family immigration attorney. Tell us about your case and take the first step towards family reunification.
Documentation required for the parent-to-child family petition
Documentation required to file a parent-to-child family petition includes:
- Form I-130 (Petition for Alien Relative) signed and fee paid.
- If you are a U.S. citizen, you must demonstrate your status by:
- Copy of your U.S. birth certificate.
- Copy of your valid U.S. passport (not expired).
- Copy of your Consular Report of Birth Abroad.
- Copy of your Certificate of Naturalization.
- Copy of your Certificate of Citizenship.
- If you are a permanent resident, you must prove your status by:
- Copy (front and back) of Form I-551 (Green Card).
- Copy of your foreign passport showing temporary evidence of permanent residence.
- If your name or your child’s name has changed, you must provide evidence of the legal name change. This may include:
- Marriage certificate.
- Divorce certificate.
- Adoption certificate
- Court order of change of name.
Gathering all these documents can be a challenge. In addition, you may need additional proof. Therefore, it is best to seek the help of an attorney to avoid delays due to lack of documentation. At Zava Immigration Law Group we can assist you. Contact us and let’s get your paperwork in order.
Documentation of proof of family relationship
In addition to these documents, other evidence must be submitted. These must demonstrate the family relationship between the petitioner and the beneficiary. However, they vary depending on the relationship you have with the petitioner. In the following table you will find the information you need:
| If you are… | You must submit… |
| The biological mother (or the legal non-biological gestational mother) | Copy of the child’s birth certificate issued by the civil authority. |
| The biological father | Copy of the minor’s birth certificate issued by the civil authority. |
| Copy of your marriage certificate with the biological or legal gestational mother of the child. | |
| Evidence of legal termination of marriage due to death, divorce, or annulment (if no longer married to birth mother). | |
| If the child is not legally legitimated, you must present evidence that you established a bona fide relationship before your child turned 21 or married (if you never married the child’s mother before the child turned 18). | |
| Stepparent | Copy of the stepchild’s birth certificate, issued by the civil authority |
| Copy of the civil marriage certificate with the biological or legal gestational parent of the stepchild. | |
| Proof of legal termination of any previous marriages of yours and/or the legal biological or gestational father/mother (divorce decree, death certificate, annulment decree) | |
| Adoptive parent | Copy of the child’s original birth certificate. |
| Copy of the final decree of adoption. | |
| Evidence that you had 2 years of legal custody. | |
| Evidence that you had 2 years of physical custody. |
Remember to gather the appropriate documents for your case. In addition, you may need supporting evidence if USCIS deems the documentation submitted to be insufficient. Therefore, it is best to seek the help of a professional attorney. Contact us and get the legal assistance you need.
How is the process of a family petition from parent to child?
The process of a parent-to-child family petition can be summarized in the following steps:
Step 1: Gather documentation
Be sure to gather all the necessary documentation. Remember that this varies depending on your immigration status and your relationship to the child you wish to petition for.
Step 2: Completing Form I-130
Complete Form I-130 (Petition for Alien Relative) with the required information, including your and your child’s personal information. Also attach the required documentation, including the documents listed in Step 1.
Step 3: Pay the corresponding fees
Pay the appropriate fees. For Form I-130, the filing fee is currently $535. If you also need to file Form I-485, the additional fee is $1,225.
Step 4: Submit the petition for citizen children to parents to USCIS
Send your parent-to-child family petition by certified mail or hand-deliver the Form I-130 along with the attached documents. Remember to file all of this with USCIS.
Step 5: Wait for notification of acceptance or rejection
Once the application is received, USCIS will decide whether or not to approve your parent-to-child family petition. When it makes a decision, it will send you a notice by mail.
This process can take several months or even years. For this reason, it is essential to follow it up properly. In addition, avoiding errors or omissions in documentation is key to saving time. At Zava Immigration Law Group, our family immigration attorneys can help. Contact us and save yourself from costly setbacks.
Can I petition for a child living in the United States?
Yes, it is possible to file a parent-to-child family petition for a child living in the United States. However, the process varies depending on your situation and immigration status. The following table provides the information you need:
| If you are… | Then… |
| U.S. citizen petitioning for a child under 21 years of age | Your child must file Form Form I-485 (Application for Permanent Residence or Adjustment of Status) along with Form I-130. |
| U.S. citizen petitioning for a married child over or under 21 years of age | You must file Form I-130. Your child must file Form I-485 when a U.S. child visa is available. |
| Permanent resident petitioning for a child | You must file Form I-130. Your child may file Form I-485 when a U.S. child visa is available. |
What if my child is outside the United States?
If your child lives outside the United States, you will need to file Form I-130. Once approved and when a visa is available, your petition will be processed through consular processing. The Consulate will send you more information about notifications and processing.
Who is considered a minor under the immigration process?
Under the immigration process, an unmarried child under the age of 21 is considered a minor. This includes biological children born in or out of wedlock, children born through ART, stepchildren, and children adopted under certain conditions.
Can my minor child live in the United States while the petition is pending?
Yes, the minor may live in the U.S. while the parent-child relative is pending. To do so, he/she must obtain a K-4 visa through Form I-129F. This will allow him/her to live, work or study in the country. Alternatively, your child can wait abroad during the process.
Can I appeal if my request is denied?
Yes, you can appeal if your request is denied. The denial letter will tell you how and when to file the appeal. Once the form has been processed and the appropriate fee has been paid, it will be referred to the Board of Immigration Appeals.
What other family members can I request with a family petition?
Through a family petition, you can petition for spouses, siblings and parents. However, this depends on your immigration status, i.e., whether you are a citizen or permanent resident. In addition, processing times vary depending on the preference category in which your chosen family member falls.
Benefits of Family Reunification
Family reunification benefits allow your spouse and children to obtain permanent residence without filing a separate Form I-130. In addition, they will not have to wait extra time for a visa number, making it easier for them to apply. However, the process of a parent-to-child family petition is far from straightforward.
Waiting times are often very long. In addition, the documentation required varies depending on the relationship between beneficiary and petitioner. That is why having our family immigration attorneys is what makes the difference. Don’t go through this process alone. Tell us about your case and take the first step to help your loved ones.
Other Resources
I-130 Family Petition: What You Should Know
Sibling-to-Sibling Family Petition: Requirements, Steps & More
Family Petition From Wife To Husband: A Complete Guide For 2024
Exploring the Different Categories of Family Residency in the U.S.
Form N-400: Road To Citizenship
Approved Juvenile Status: How to Start on the Road to Permanent Residency
Consular Processing: A Step-by-Step Detailed Guide
Consular Interview for Residency: Everything You Need To Know
What Year Sibling-to-Sibling Petitions Go In 2024
Sources
USCIS – For minor sons or daughters to live in the U.S. as Permanent Residents
USCIS – Permanent Residency for Family-Based Immigrants
USCIS – I-130, Petition for Alien Relative Petition
USCIS – I-485, Application to Register Permanent Residence or Adjust Status
