Navigating the complex U.S. immigration system can be daunting, especially when pursuing unique overstayed visa solutions like getting a green card through a child who is a U.S. Citizen. An overstayed visa is an issue that occurs when an individual stays in a country longer than they are allowed to under their current visa.
LaToya McBean Pompy is a New York immigration lawyer who immigrated to the United States herself. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of immigration attorneys who are here to help you.
Getting a Green Card Through Your U.S. Citizen Child as an Overstayed Visa Solution
It is easy to assume that getting a green card through your U.S. citizen child is a simple way to solve issues related to an overstayed visa. However, this option is quite complex and has an extensive list of pros and cons. We at McBean Law will aim to explain some of these pros and cons in order to provide more insight into having a U.S. citizen child as an option for obtaining a visa.
The Pros to Getting a Green Card Through Your U.S. Citizen Child
- Adjustment of Status
One of the greatest benefits to pursuing a green card through a U.S. citizen child is that this option allows you to do an adjustment of status.
This means that you are allowed to obtain a green card in the U.S. while still physically remaining on U.S. soil, as opposed to going back to your country of origin and traveling to the nearest U.S. embassy for interviews.
- Important Documents
Obtaining a green card through a U.S. citizen child can also help to provide you with important documents while your green card application is still pending.
One of these documents is the Employment Authorization Document, otherwise known as an EAD, a work permit, or, officially, Form I-766. This document provides proof that you are eligible to work legally in the United States regardless of your current green card status.
In addition to this, you will be provided with a social security card.
You may also be given advance parole, which is a travel document granting the applicant permission ahead of time to re-enter the United States if they leave the country during the application process.
The Cons to Getting a Green Card Through Your U.S. Citizen Child
- Age of the Child
One of the biggest disadvantages to getting a green card through a U.S. Citizen Child is the age requirement for the child themselves.
In order to pursue this option, your U.S. citizen child must be over the age of 21, and they must be a legitimate U.S. citizen.
- Extensive Documentation
Another big hurdle you will have to pass in order to pursue a green card through a U.S. Citizen Child is the extensive amount of documentation that will need to be submitted in order to have a proper filing.
Firstly, you will have to file Form I-485, or Application to Register Permanent Residence or Adjust Status, along with Form I-130, or Petition for Alien Relative, which your child will file on your behalf.
These forms need to be submitted along with evidentiary documents proving that the relationship between you and your child is a bona fide parent-child relationship. This can range from documents as simple as a birth certificate, to more complex ones such as proof of financial support given to the child, proof that you and your child have lived or are living together, family photographs ranging from the child’s birth to the present day, etc.
- Possible Inadmissibility Issues
There are many reasons why you may experience inadmissibility issues when pursuing this green card option.
One of these reasons is issues with providing evidence of a bona fide parent-child relationship. An example of this would be if your name is not on the child’s birth certificate, or if you and your child did not live together for a significant amount of time during their childhood.
If your child was born out of wedlock, the government may request additional proof of custody, as well as a clear paper trail proving that you have been in the child’s life for a long period of time.
Lastly, if you as the parent have a violation on your record, such as fraud or misrepresentation, the government will request that you obtain a waiver for this violation.
- Surefire Denial Issues
When you are getting a green card through a U.S. citizen child, there are some cases where the application will surely be denied.
The first case is if the parent has marriage fraud on their record, meaning that they attempted to get a green card through marriage to a U.S. citizen, but it was denied on the basis of that marriage being fraudulent.
Secondly, if the child petitioner is a registered sex offender, they will automatically be barred from petitioning for their parent through Form I-130 or any other means.
The last situation where this application would be denied is if the applicant does not have a qualifying U.S. Citizen relative to obtain Form I-601, or Application for Waiver of Grounds of Inadmissibility.
Planning Your Roadmap to Success
Despite nuances and snags, many people obtain green cards through a U.S. citizen child and find stability. With proper legal counsel, persistent preparation, and meticulous attention to detail, your success can become reality too. A fruitful life with your family awaits at the end. Partner with professionals like McBean Law to chart your visa journey’s triumph.
LaToya McBean Pompy is a New York immigration lawyer immigrated to the United States herself. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of immigration attorneys who are here to help you.
