Sons and Daughters of U.S. Citizens
San Francisco and San Jose Immigration Defense Attorney
You've worked hard to become U.S. citizen, and naturally you want your children to enjoy permanent status in the U.S. We help clients with family immigration matters and can help you with obtaining and expediting your son or daughters immigrant visa, and with adjustment of status. For years, Daniel Shanfield, Esq. has successfully fought to resolve difficult immigration cases. Mr. Shanfield is a former New York Law School adjunct clinical law professor, and was an attorney with the U.S. Immigration and Naturalization Service. Daniel Shanfield has been rated a Northern California "Super Lawyer" by San Francisco Magazine and rated 10/10 by AVVO.com as superb in experience, industry recognition and professional conduct. We strongly recommend that you contact a San Francisco and San Jose immigration lawyer as soon as possible to help you resolve your married children's immigration matters.
Bringing Your Children to the U.S.
The I-130 Petition is used to obtain permanent residency for children over age 21. As the Petitioner, in general, you must be residing in the U.S. when you file the petition. Under U.S. immigration law, married sons and daughters fall under a lower priority category unmarried sons and daughters of U.S. citizens. The law provides only 23,400 primary beneficiaries (children approved for permanent residency) per year, and since there are many more petitioned immigrants than visas given out each year, the category is backlogged by a number of years, as set forth in the State Department Visa Bulletin.
After your primary beneficiary son or daughter is approved, they may apply for an immigrant visa overseas. Their under age 21 children may accompany them, whether married or not. If a child reaches age 21 before your petition is approved, he or she can come in under certain circumstances.
Children Already in the U.S.
A married son or daughter with an approved I-130 petition may apply for adjustment of status petition if in current lawfully admitted status or if qualified under 245(i). Your son or daughter may apply for a work permit and in some cases a travel permit at the same time.
A married son or daughter who is here out of status or without inspection will normally have to leave the country before you file your application, unless qualified under 245(i). Because there can be exceptions to this rule, you should consult your lawyer before making any decisions.
Contact a San Francisco and Jose immigration defense attorney
at our firm for help establishing your sons and daughters in the U.S.