Child of U.S. Permanent Resident

Overview:

Children of U.S. permanent residents are often eligible to obtain permanent residency in the United States. Although the process is rather long, qualifying children are able to become permanent residents and partake in all the benefits available to U.S. permanent residents, including the ability to work lawfully.

The Process:

Like other family-based immigration petitions, the first step for a child of a U.S. permanent resident is to prove to the United States Citizenship and Immigration Service (USCIS) that the familial relationship exists. Once that relationship is established, the child must wait for a visa to become available. Currently there is a backlog for visas in the second preference category, of which the children of permanent residents are a part. To see where the second preference category currently is, please visit the Department of State’s Current Visa Bulletin.

Once a visa becomes available, the child of a U.S. permanent resident will receive notification and can submit an additional petition to receive a green card and become a permanent resident of the United States.

After Obtaining Permanent Residency:

Citizenship: After five years of permanent residency, a green card holder may be eligible to become a naturalized U.S. Citizen.

Work Authorization: After obtaining permanent residency, the child of a U.S. permanent resident may become authorized to work in the United States.

Travel Abroad: After obtaining permanent residency, a child of a permanent resident may be able to freely travel abroad. However, care must be taken to ensure that the permanent resident does not “abandon” his or her permanent residency by staying abroad for a significant amount of time.

For More Information:

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