Review
Have you fulfilled your dream of becoming a legal resident of the United States? This is a significant milestone in your life. However, for many immigrant parents, the process isn’t complete until they’ve moved their children to their new home. If you’re in this situation, you probably wonder, “How can I help my children get the same legal status as me?” Don’t worry: We’re here to help you through the process.
Transferring immigration status to your children can initially seem complicated—with forms to fill out, various documents, and legal processes. The exact steps may vary depending on your situation—factors like your current situation, your children’s ages, and where they currently live determine eligibility. With the correct information and guidance, you can navigate this process successfully.
In this article, we’ll go over the basics of transferring immigration status from parent to child. We’ll look at questions like:
- What types of immigration status can be transferred to children?
- How old do children need to be to be eligible for this process?
- What documents do you need to provide?
- How long does the process typically take?
- Are there any special considerations for stepchildren or adopted children?
Remember, every family’s situation is unique. While we will provide a general overview here, it is always a good idea to consult with an experienced immigration attorney who can advise you based on your specific circumstances.
We understand how vital family reunification is. The thought of your children joining you in the United States, attending school or college, making new friends, and building their future in the United States is very exciting. But we also know that this process can be daunting.
We are here to help. If you have any questions after reading this article or need more detailed guidance for your specific situation, please do not hesitate to contact us. Our team of experienced immigration experts is ready to assist you in reuniting your family in the United States.
Family Reunification: An Overview of U.S. Immigration Policy
Here are some interesting facts about immigration through family reunification in the United States.
About two-thirds of new green card holders are family members of a U.S. citizen. Applications for family reunification and subsequent permanent resident status in the United States are approved in 80% of cases.
This process can take some time. Depending on your situation, the process can take anywhere from 8 months to 2 years. In addition, there is a large backlog of applications, with over 400,000 applicants waiting to be considered.
After reunification, most families move to the most popular states, such as California, Texas, New York, and Florida. Most relatives of U.S. citizens come from Mexico, India, the Philippines, and China.
Family reunification positively impacts the U.S. economy: new Americans work, start businesses, and become part of their communities.
More than 10,000 children of foreign citizens who are spouses of U.S. citizens immigrate to the United States each year. Child immigration has a positive impact on the overall well-being of the family.
The U.S. government is constantly working to improve the application process, which shows how important it is for individual families and building a strong American society. If you need help with filing documents or advice, contact immigration experts.
The United States has long recognized the importance of family unity in its immigration policy. At the heart of this policy is the belief that families should build their lives together, supporting each other in achieving the American dream. That is why the U.S. Citizenship and Immigration Services (USCIS) has developed various pathways to help immigrant parents reunite with their children in the United States.
What does this mean for you and your family?
If you are a parent who has recently gained legal status in the United States, you may wonder how your children can join you. The good news is that the U.S. immigration system offers several options, often called “derivative status” or “post-admission.” But, under certain circumstances, your children may be eligible for a similar immigration status.
Family reunification processes can be applied in a wide variety of situations. Perhaps you have just become a lawful permanent resident (a green card holder) and want to bring your child to the United States, or perhaps you have been granted asylum and hope to be reunited with your child who is still in your country. Each situation has its own rules and procedures, but the goal is the same: family reunification.
It is essential to understand that the transfer of status process is not automatic. There are forms and documents to submit and sometimes interviews to undergo. The specifics can vary depending on factors such as:
- The applicant’s current immigration status
- The age of the applicant’s child
- The child’s marital status (married)
- The child’s place of residence
This process may seem complicated, but many families complete it every year.
The following sections will examine the options, eligibility requirements, and possible situations during the application process. Whether you’re just starting to explore your options or ready to begin the process, we’re here to help you understand every step.
Remember! The ultimate goal of this policy is to promote family unity. The U.S. government recognizes that families are stronger together, and immigrants often thrive when they have the support of their loved ones. USCIS is committed to helping families build stable and prosperous lives in America by offering different family reunification paths.
Continue reading our article to learn more about the family reunification process in the U.S.
Family reunification process
Many immigrant parents dream of bringing their children to the United States, and they do everything they can to help them reunite. At first glance, this process seems quite complicated and time-consuming. Therefore, we have organized the entire process into simple and understandable steps in this article.
So, how can you transfer your immigration status to you?
Are you eligible?
Before you start collecting documents, make sure you meet the basic requirements.
- Your Status in the United States
You must have legal status in the United States. Whether you are a US citizen or a green card holder, your legal status is the key to immigration for your children.
People with different statuses (such as green card holders, asylum seekers, or certain visa holders) have different rules regarding children’s immigration.
2. The Age of the Child
The child’s age is critical in the context of family reunification immigration. He must be under 21 and unmarried, so he still depends on you.
3. Proof of Family Relationship
The US government requires official evidence of your family relationship. Different requirements apply to biological children, stepchildren, and adopted children.
Take the time to review the evidence requirements for your specific situation. If you are unsure, you can consult an immigration attorney.
Gathering Documents: Evidence
Once you have confirmed your eligibility, it is time to start gathering documents. This step is crucial – getting all your documents in order will help prevent future delays.
The documents you will need are the building blocks of your application.
Documents that prove status:
Green card, naturalization certificate, asylum notification, or US passport. One of these documents proves your right to family reunification.
Your Child’s Birth Certificate:
A child’s certificate is official proof of your relationship. Important: The certificate must be an original or a certified copy.
Your Relationship Status Documents:
If you’re divorced or widowed, you’ll need to provide those papers, too. It helps paint a clear picture of your family situation.
You may also need adoption papers (for adopted children), passports for you and your children, and recent photographs of your children.
Essential Form I-130
The process begins with Form I-130, a formal request for the child to immigrate to the United States.
Tip: Start gathering documents in advance. You may need to request copies of documents from your country of origin, and it may take some time to receive them.
Filing a Petition: Where to Start?
Next Step: Documents. Depending on your situation, you may need:
- Form I-130 (Petition for Alien Relative)
- Form I-730 (Petition for Refugee/Fugitive Relative)
- or other forms appropriate for your visa type.
Please fill out the forms carefully. A small mistake may lead to delays or even denial.
Filing Form I-130
Form I-130 is sent to USCIS along with all supporting documents.
Paying Fees
Pay all required fees before filing. In some cases, the applicant may be exempt from paying fees.
Waiting Period
After submission, there is a waiting period. This can last several months or possibly longer. Please refer to the USCIS website for information on processing times. Remember, patience is key. While the documents are being processed, you may receive requests for additional evidence. Respond to them promptly to avoid delays.
Next Steps: It all depends on where your child is located
If your child is outside the United States:
After the I-130 is approved, your case will be forwarded to the National Visa Center and then to the US Embassy in the country where your child is located, where the interview will also be scheduled.
If your child is already in the United States:
In some cases, it is possible to change the status of a child with you in the United States. To do this, you must file Form I-485 – Adjustment of Status.
In some cases, you will be called for an interview to verify the information in your application and assess the authenticity of the relationship.
Final Step: Interviews and Medical Examinations
If a child is coming from abroad, he will need to:
- Be interviewed at the US Embassy
- Be physically examined by a certified physician
If all goes well, your child will receive an immigrant visa and be able to travel to the United States. Upon arrival, the child will receive permanent resident status – he will have a green card, just like you!
A few final tips
Recheck all information on forms and documents. A slight mistake can lead to significant delays.
Keep copies of all documents.
Be patient. This process may take time, but the result—your family reunification—is worth it.
Remember, you are not alone in this journey. Many families go through this process every year. You can navigate this path successfully with preparation, patience, and perhaps professional help.
In the following sections, we will examine each step of the filing process and provide detailed guidelines and tips to help you avoid potential problems.
The timeline
You have decided to bring your children to the United States, so to plan the entire process correctly, you need to know what to expect and how long each step can take.
Starting the process: Documents and waiting (2-3 months)
First of all, you need to collect all the essential documents. Prepare your birth certificate, green card, or citizenship papers. Then, fill out Form I-130. Once all the documents are ready, send them to USCIS (United States Citizenship and Immigration Services).
Document processing: be patient (6-12 months)
Once your documents arrive at USCIS, processing begins. USCIS may request additional information while it reviews your application, so please check your email frequently.
National Visa Center: Additional Documents and Fees (3-6 Months)
Once USCIS approves your application, your case will be transferred to the National Visa Center (NVC). You will receive a case number, a request for additional documents, and a fee. At this point, you must prove that you can financially support your children in the United States.
The Big Interview: Final Steps Before Moving (2-4 Months)
If your children are outside the United States, they must attend an interview at the U.S. Embassy in their country of origin. Before doing so, they will need to undergo a medical examination. The interview is crucial: it is an opportunity to show they are ready to move to America. They will receive a visa immediately after the interview if all goes well.
Moving to America: A Big Step
Once your children receive their visa, they can travel to the United States. At the port of entry, they will need to go through passport control. During this process, the border officer will ask them a few questions. Once all the procedures are completed, your children become official new residents of the United States.
Welcome Home: Settling In (1-3 Months)
Your children will receive a Green Card in the mail in the first few months after arrival. It is important to ensure that all the information is correct.
Special Note: If Your Children Are Already in the U.S.
If your children are already in the U.S. on a temporary visa, the process will be slightly different. Instead of an interview at the embassy, you must fill out Form I-485 to change your status. This process, called adjustment of status, can take between 8 and 14 months and includes fingerprinting, i.e., biometrics, and, in some cases, an interview.
Legal Assistance
As a rule, from the day you start the process until your children receive their Green Card, it will take between 1.5 and 3 years. To make the process go more smoothly, you can seek legal assistance from immigration lawyers.
Below is a table showing the time frame for the family reunification process:
| Stage | Duration | Description |
|---|---|---|
| Preparation and Submission | 2-3 months | Gather documents, complete and submit Form I-130 |
| USCIS Processing | 6-12 months | Review of petition, possible requests for evidence, approval |
| National Visa Center (NVC) Processing | 3-6 months | Case number assignment, fee payments, document submission |
| Consular Processing (for children abroad) | 2-4 months | Medical exam, visa interview, visa issuance |
| Entry to the United States | Immediate | Travel to U.S., inspection at port of entry |
| Green Card Delivery | 1-3 months | Receive physical green card by mail |
| Total Time (for children abroad) | 14-28 months | From initial submission to green card receipt |
| Adjustment of Status (for children in U.S.) | 8-14 months | File I-485, biometrics, potential interview, approval |
| Total Time (for children in U.S.) | 16-29 months | From initial submission to green card receipt |
Note: Information on the timeline for the family reunification process is an estimate and may vary depending on individual circumstances, USCIS processing times, and possible delays. The entire process typically takes between 1.5 and 3 years.
Fees and costs
Financial costs are an essential part of the family reunification process. We will explain in detail what steps and amounts must be paid so that the process can proceed without delays on your part. This is important information to prepare for the process.
Form I-130: Initial filing fee – the cost is $535.
If your child is outside the US:
National Visa Center: The application will cost $445. This includes the visa application ($325), Form I-184, and the Affidavit of Financial Support ($120).
Medical examination: The fee for a medical examination, depending on the child’s country of residence, can range from $200 to $500.
Visa receipt: The visa fee for your child is $325.
If your children are already in the US:
Change of status: A fee of $1,140 per child, plus $85 for biometrics, must be paid.
The costs may not end there. If your documents are not in English, you must pay for translations – usually between $20 and $50 per page. You will also need passport photos, which cost between $10 and $20. Costs for a certificate of good standing, birth certificates, and other documents vary by country.
So what’s the bottom line? If your children are outside the US, the amount ranges from $1,350 to $1,850 per child. If they are already there, it’s about $1,760 per child. And that doesn’t include things like translation, document fees, or travel expenses.
Remember that these prices are subject to change, so it’s always a good idea to check the official websites for the most up-to-date information.
Here is a table of fees charged for the family reunification process:
| Fee Type | Amount | Applicable For |
|---|---|---|
| Form I-130 Filing Fee | $535 | All applicants |
| Immigrant Visa Application Processing Fee | $325 per applicant | Children outside the U.S |
| Affidavit of Support Fee | $120 | Children outside the U.S |
| Medical Examination Fee | $200 - $500 | Children outside the U.S |
| Visa Issuance Fee | $325 | Children outside the U.S |
| Form I-485 (Adjustment of Status) | $1,140 | Children already in the U.S |
| Biometrics Fee | $85 | Children already in the U.S |
| Translation Services (if needed) | $20 - $50 per page | As applicable |
| Photographs | $10 - $20 | All applicants |
| Document Procurement | Varies | As needed |
| Travel Expenses | Varies | As needed |
Note: These amounts do not include translation services, notarization, and various travel expenses. Since these amounts are subject to change, it is essential to always check the USCIS and U.S. Department of State websites for the most up-to-date information.
Conclusion
Family reunification is more than paperwork and fees—it’s about creating a new life together under one roof in a country full of opportunity. However, this process can be complex and time-consuming. There are documents to collect, forms to fill out, and a navigation system that sometimes feels like a maze. Just like you, thousands of families go through this every year.
Remember, you can always seek legal help and don’t have to go through this alone. U.S. immigration attorneys understand the ins and outs of the immigration system and can help ensure you are on the right track. They will answer your questions, help you understand your options, and guide you through every step of the process.
Reuniting with your children in the United States is a significant step toward building a stable family life. Transferring immigration status from parent to child requires careful preparation and knowledge of the legal requirements.
If you need assistance with this process or have any questions, our experienced immigration attorneys at Cohen Brosh Law Firm are here to help.
Contact us today for personalized assistance and additional information. We are committed to helping families navigate the complexities of U.S. immigration law.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Immigration laws and regulations are subject to change, and the information provided may not reflect the latest legal changes. For personalized legal advice, don’t hesitate to contact a qualified immigration attorney. Cohen Brosh Law Firm is not responsible for any action taken based on the information presented in this article.
Usefully links
USCIS – United States Citizenship and Immigration Services
- Form I-130, Petition for Alien Relative
- Form I-485, Application to Register Permanent Residence or Adjust Status
- USCIS Processing Times
U.S. Department of State
CDC – Centers for Disease Control and Prevention
Official Fee Information
Legal Resources and Assistance
These sources provide comprehensive and up-to-date information on the various aspects of the family reunion process, including the necessary forms, processing times, medical requirements, and fees involved. They are essential for ensuring that applicants have accurate information and can navigate the process effectively.