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U.S.
Citizens
If you are a U.S.
citizen applying to bring a child or
son or daughter to the United States to live
and you are the mother
of the child, you must file the following with the U.S.
Citizenship and Immigration Services:
- Form I-130,
Petition for Alien Relative
- A copy of your birth
certificate or U.S. passport
- If you were not born in
the United States, a copy of either:
- your Certificate of
Naturalization or Citizenship or
- your U.S. passport
- A copy of the child’s
birth certificate showing your name and the child’s name
- If anyone’s name has
been legally changed (if it differs from the name on his
or her birth certificate), evidence of the name change
must be submitted.
If you are a U.S.
citizen and the father
or stepparent of
the child or son or daughter, you must file the following with
the U.S. Citizenship and Immigration Services:
- Form I-130,
Petition for Alien Relative
- A copy of your birth
certificate or U.S. passport
- If you were not born in
the U.S., a copy of either:
- your Certificate of
Naturalization or Citizenship or
- your U.S. passport
- A copy of the child’s
birth certificate showing the child’s name and the names
of both parents
- A copy of civil marriage
certificate showing the names of both parents, or proof
that a parent/child relationship exists or existed (if you
are petitioning for a stepchild, your marriage to the
child’s parent must take place before the stepchild’s
18th birthday)
- A copy of any divorce
decrees, death certificates, or annulment decrees that
establish the termination of any previous marriages
entered into by you or your spouse
- Fathers petitioning for a
child born out of wedlock must provide evidence that a
parent/child relationship exists or existed. For example,
the child’s birth certificate displaying the father’s
name, evidence showing that the father and child at some
point lived together, or that the father held out the
child as his own, or that he has made financial
contributions in support of the child, or that in general
his behavior evidenced genuine concern for and interest in
the child. A blood test proving paternity may also be
necessary.
- If anyone’s name has
been legally changed (if it differs from the name on his
or her birth certificate), evidence of the name change
must be submitted.
If you are a U.S.
citizen and the adoptive
parent of a child or son or daughter who lived
with you in your legal custody for two years while a child,
you must file the following with the U.S. Citizenship and
Immigration Services:
- Form I-130,
Petition for Alien Relative
- A copy of your birth
certificate or U.S. passport
- If you were not born in
the U.S., a copy of either:
- your Certificate of
Naturalization or Citizenship or
- your U.S. passport
- A copy of the child’s
birth certificate showing the child’s name
- A certified copy of the
adoption decree (the adoption must have taken place before
the child reached the age of 16, with only one exception:
if you adopted the child’s sibling who had not yet
reached age 16, the older sibling must have been adopted
before reaching the age of 18)
- The legal custody decree
if you obtained custody of the child before adoption
- A statement showing the
dates and places your child has lived with you, and proof
that your child has lived with you and has been in your
legal custody for at least two years
- If anyone’s name has
been legally changed (if it differs from the name on his
or her birth certificate), evidence of the name change
must be submitted.
Orphans
In each case, if the child is in the U.S. and unmarried and
under 21 years of age, he or she may file a Form I-485,
Application to Register Permanent Residence or Adjust Status
concurrently with your petition. For information on how to
file this application, please refer to How
Do I Become a Lawful Permanent Resident While In the United
States?
For more information, you may
also refer to How
Do I Apply to Bring a Foreign-Born Orphan into the U.S.?
Lawful
Permanent Residents
If you are a lawful permanent resident
applying to bring an unmarried, minor child
or an unmarried son or daughter
to the United States to live and you are the mother
of the child, you must file the following with the U.S.
Citizenship and Immigration Services:
- Form I-130,
Petition for Alien Relative
- A copy of your alien
registration card
- A copy of the child’s
birth certificate showing your name and the child’s name
- If anyone’s name has
been legally changed (if it differs from the name on his
or her birth certificate), evidence of the name change
must be submitted.
If you are a lawful
permanent resident and the father
or stepparent of
the child, you must file the following with the U.S.
Citizenship and Immigration Services:
- Form I-130,
Petition for Alien Relative
- A copy of your alien
registration receipt card
- A copy of the child’s
birth certificate showing the child’s name and the names
of both parents
- A copy of civil marriage
certificate showing the names of both parents, or proof
that a parent/child relationship exists or existed (if you
are petitioning for a stepchild, your marriage to the
child’s parent must take place before the stepchild’s
18th birthday)
- A copy of any divorce
decrees, death certificates, or annulment decrees that
establish the termination of any previous marriages
entered into by you or your spouse
- Fathers petitioning for a
child born out of wedlock must provide evidence that a
parent/child relationship exists or existed. For example,
the child’s birth certificate displaying the father’s
name, evidence showing that the father has made financial
contributions in support of the child. A blood test
proving paternity may be necessary.
- If anyone’s name has
been legally changed (if it differs from the name on his
or her birth certificate), evidence of the name change
must be submitted
If you are a lawful
permanent resident and the adoptive parent
of the child or unmarried son or daughter,
you must file the following with the U.S. Citizenship and
Immigration Services:
- Form I-130,
Petition for Alien Relative
- A copy of your alien
registration receipt card
- A copy of the child’s
birth certificate showing the child’s name
- A certified copy of the
adoption decree (The adoption must have taken place before
the child reached the age of 16. One exception: if you
adopted the child’s sibling who had not yet reached age
16, the older sibling must have been adopted before
reaching the age of 18.)
- The legal custody decree
if you obtained custody of the child before adoption
- A statement showing the
dates and places your child has lived with you, and proof
that your child has lived with you and has been in your
legal custody for at least two years
- If anyone’s name has
been legally changed (if it differs from the name on his
or her birth certificate), evidence of the name change
must be submitted.
Beneficiaries
Who Wish to Bring Children
How do I bring my children to the U.S. if I am the beneficiary
of the petition? If your U.S. citizen parent, brother
or sister is petitioning for you on Form I-130,
Petition for Alien Relative, and you are married, your
spouse and/or children do not require a separate visa petition.
If you are unmarried and 21 years of age or older, your
children do not require a separate visa petition. In both
cases, your spouse and/or children will be included in the
visa petition your immediate relative is filing for you. If
you are unmarried and under 21 years of age,
you will need to file a petition for your children once you
obtain lawful permanent resident status. See Following-to-Join
Benefits.
Forms
and Fee Information
Forms and fee information can be found on our Forms
and Fees page. You may also go directly to a form by
clicking on the form number where it is underlined on this
page. For information on where to file, see the I-130
form entry page. You may also obtain forms from the USCIS
Forms Center by calling 1-800-870-3676.
After
Filing the Petition
You will be notified by the USCIS if your I-130 petition is
approved or denied. If it is approved, your child, son or
daughter will be notified by the Department of State when a
visa number, if necessary, is available. If your child, son or
daughter is outside the country, he or she (or the adult
acting for him or her) must then go to the local U.S.
consulate to complete visa processing. If your child, son or
daughter is legally inside the United States when a visa
number, if necessary, becomes available, he or she may then
apply to adjust to Permanent Resident status. For more
information on immigrant visa numbers for your child, son or
daughter, you may refer to How
Do I Get an Immigrant Visa Number? For more information on
your child, son or daughter adjusting to lawful permanent
residence, you may refer to How
Do I Become a Lawful Permanent Resident While in the United
States?
May
I Appeal?
If the Form I-130 visa petition you filed for your child, son
or daughter is denied, the denial letter will tell you how to
appeal, along with where and when you must file the appeal.
After your appeal form and the required fee are processed, the
appeal will be referred to the Board of Immigration Appeals.
For more information, please see How
Do I Appeal the Denial of My Petition or Application?
Following-to-Join
Benefits
Please note: This section is only applicable to lawful
permanent residents who did not gain their
LPR status as the immediate relative of a U.S. citizen.
If you had children before you became a lawful
permanent resident, and your children did not
physically accompany you to the United States, and you would
now like your children to join you in the United States, your
children may be eligible for following-to-join benefits. This
means that you do not have to submit a
separate Form I-130, Petition for Alien Relative, for your
children, and your children will not have to wait any extra
time for a visa number to become available. In this case, you
can simply notify a U.S. consulate that you are a lawful
permanent resident so that your children can apply for
immigrant visas. If, however, you immigrated to the U.S. as an
immediate relative of a U.S. citizen who did not or could not
petition for your children, you will need to
file a separate I-130, Petition for Alien Relative. In this
case, see How
Do I Bring My Child, Son or Daughter to Live in the U.S.?
Your children may be eligible
for following-to-join benefits if:
- You immigrated on the
basis of a fiancé(e) petition
- You immigrated on the
basis of a diversity immigrant application
- You immigrated on the
basis of an employment-based petition
- You immigrated on the
basis of a petition filed by your brother or sister
- You immigrated on the
basis of an immigrant petition filed by your U.S. citizen
parent(s) when you were married or when you were unmarried
and over 21 years of age
- You immigrated on the
basis of your relationship with your lawful permanent
resident parents when you were unmarried
Also, for your child to be
eligible for following-to-join benefits, he or she must:
- Be unmarried and
- Be under 21 years of age and
- Have been a child from a
marriage of yours (the marriage must have existed at the
time of your admission to the U.S.) or
- Have been a stepchild from
a marriage of yours (the marriage must have existed at the
time of your admission to the U.S.) or
- Have been legally adopted
prior to your admission to the U.S., and otherwise qualify
as an adopted child under the immigration law.
For information on
following-to-join benefits for spouses of lawful permanent
residents, please see Petitioning
Procedures: Bringing a Spouse to Live in the United States.
If you fall into one of the
categories above, please submit the following information to
the U.S. Citizenship and Immigration Services:
- Form I-824,
Application for Action on an Approved Application or
Petition
- A copy of the original
application or petition that you used to apply for your
immigrant status
- A copy of the I-797 Notice
of Action for your original application
or petition
- A copy of your alien
registration receipt card or I-551
- Proof that the child meets
the appropriate criteria for Following-to-Join
Benefits
You should file the I-824
at the USCIS office that took the most recent action on your
case.
If the I-824 is approved, the
USCIS will notify a U.S. consulate that you are now a lawful
permanent resident so that your children can apply for
immigrant visas. You must then ask your children to report to
the local U.S. consulate to complete the processing.
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Source: US Government,
10/29/2004 |
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