Sons and Daughters of U.S. Citizens
San Francisco and San Jose Immigration Defense Attorney
You are a U.S. citizen and have adult sons and daughters who are not. Naturally you want your family to join you in the U.S. Applying for their green cards can be a very delicate legal matter. Daniel Shanfield Esq. Immigration Defense has successfully fought to obtain permanent residency for immigrants and their families for over a decade. Thanks to Daniel's background as a former attorney and prosecutor with the United States Immigration and Naturalization Service, our firm has the critical insights you need to successfully reunite your family in the United States. We strongly urge you contact a San Francisco and San Jose immigration lawyer for help.
Bringing Your Children to the U.S.
As the U.S. citizen petitioner, you must generally be in the United States when you file the I-130 petition. You may use the I-130 Petition for sons and daughters over 21 to obtain their permanent residency in the U.S. You may petition for them if they are married or unmarried, but they will be assigned a lower priority as married sons or daughters. The law allows only 23,400 primary beneficiaries (children approved for permanent residency) per year, so approval will not be immediate.
Once the I-130 petition for your primary beneficiary sons or daughters are approved, they may then apply for an immigrant visa or adjustment of status to come and live in the U.S. Their under age 21 children may also accompany them as derivatives whether they are married or single. If a derivative child reaches age 21 before his or her permanent residency is approved, the green card may still be approved under certain circumstances.
Adult Sons and Daughters Already in the U.S.
In some instances your son or daughter who is in already in the United States in lawful status visitor or non-immigrant status may apply for permanent residency under adjustment of status. Your son or daughter may seek a work permit and qualify for a travel permit while the adjustment application is pending. If your adult son or daughter has overstayed his non-immigrant visa, you may still file an I-130 petition, but her or she will likely have to apply for a green card back in the home country unless eligible for 245(i) protection. If your son or daughter departs after having overstayed by 180 days, he or she will not be allowed to return for several years.
Also, an adult son or daughter present in the U.S. without inspection normally must leave the country to apply for U.S. permanent residency. There are some exceptions. You must consult your attorney to ensure you avoid making a mistake. Our goal is to help you bring your immigration case to a successful conclusion.
We urge you to
contact a San Francico and San Jose immigration defense lawyer
for tenacious and insightful assistance with your sons and daughters immigration.