What Parents Need to Know About Immigrating to the U.S. With Children

 Posted on May 10, 2021 in Immigration

For many people, immigrating to the United States is an important step in pursuing a career opportunity or being with their family. However, immigrants who are parents must think not only of themselves, but also of their children, when it comes to taking the necessary steps to have their immigration petition approved. If you are trying to come to the U.S. with your children, it is important to understand how you can make this happen.

Children and Family-Based Immigration

One common option for bringing children to the U.S. is through family-based status. U.S. citizens and lawful permanent residents can petition for a Green Card for certain relatives who currently live outside of the United States, including spouses and unmarried children under the age of 21. If you and your child are trying to immigrate to the U.S. to be with your spouse who is also the child’s parent, your spouse will need to fill out a Form I-130, Petition for Alien Relative, for each of you. If your spouse is not your child’s parent, you may need to wait until you have lawful permanent resident status to petition for your child.

If you are the adult child or sibling of a U.S. citizen or permanent resident, you may also be able to immigrate to the U.S. upon your relative’s petition, subject to waiting time and numerical restrictions. If you have a child whom you intend to bring with you, they can be included in the same petition in this case.

If you are planning to come to the U.S. on a K-1 fiancé(e) visa, your fiancé(e) in the United States can also apply for a K-2 visa for your child who is under the age of 21. As long as you marry your fiancé(e) within 90 days of coming to the U.S., you and your child can then both apply for lawful permanent resident status.

Children and Employment-Based Immigration

If you are planning to immigrate to the U.S. on an employment-based (EB) visa, it may also be important to you to bring your spouse and children with you. If so, you can apply for special employment-based visas for family members of professionals or workers. The same is true for temporary, nonimmigrant work visas like the H-1B.

Contact an Illinois Immigration Lawyer

At Mevorah & Giglio Law Offices, we understand how important it is to keep your children close to you, and we will help you understand your options and take the right steps to secure approval for their immigration along with your own. Contact our Chicago, IL immigration attorneys for a free consultation by calling 630-932-9100 today.