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Congratulations, your child has reached the age of 21! If your child is a U.S. Citizen, this significant milestone opens new possibilities for you as a parent who may wish to live with in the United States permanently. Let’s explore two options available to parents of adult U.S. citizens who wish to obtain lawful permanent status. As immigration attorneys, we are here to guide you through the process and offer free consultations to help put you on the path to making informed decisions.
Option 1: Adjustment of Status
If you entered the United States with a parole or visa, you have the option to file an adjustment of status case. This process allows you to change your immigration status from a temporary visa holder to a lawful permanent resident.
Here are some key details:
This option is available if you entered the U.S. lawfully with a parole or visa.
Your adult child, who is now a U.S. citizen, can file an immigration petition on your behalf. Once the petition is approved, you can apply for adjustment of status.
The estimated time to complete the adjustment of status process is approximately one year. However, please note that processing times may vary depending on USCIS.
Option 2: Consular Processing
Consular processing involves obtaining your green card through the U.S. embassy or consulate in your respective country. This option is available if your child is 21 years or older and:
If you entered the United States without proper documentation, you would be able to start the consular processing route. However, be aware that there is the possibility that you will face a 10-year bar from reentering the U.S. This means you can apply for an I-130 petition, but you will need to remain outside the United States for a decade before your green card is granted.
The process involves filing an I-130 petition and a waiver, which demonstrates extreme hardship to your U.S. citizen child if you were not allowed to return. After the approval of these documents, you will continue with consular processing. Consular processing timelines can vary widely, ranging from 14 to 36 months, depending on various factors and the USCIS.
If your child is not yet 21, applying through marriage is one other possibility to consider. If you recently got married, and your spouse is a United States citizen or lawful permanent resident, you may also be eligible for immigration benefits. Depending on your entry status (parole, temporary visa, illegal entry), your immigration attorney can help you through the right steps (whether that means an adjustment of status, or consular processing). For this process, you will need to provide Bona Fide documents as proof of your marriage. These can be any of the following: documentation showing joint ownership of property, a lease showing joint tenancy of a common residence, birth certificates of children you two have together, or any documentation showing you have joint financial resources among other forms of proof.
In conclusion, as a parent of an adult U.S. citizen, you have several options to pursue lawful permanent resident status. As Immigration Law is always changing, it's essential to consult with an experienced immigration attorney who is up-to-date with new laws passed. This will allow you to navigate the complexities of the immigration system successfully. Don’t believe everything you hear from people and double check information that you read to make sure you’re equipped with the most current information. Please don’t hesitate to contact us today to get started on your journey to obtaining permanent legal status in the United States!
