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
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.