You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
GC Parent - Trying to Petition Illegitimate Child
- Thread starter acc918
- Start date
Your child comes under preference category F2B which is for 21 years or older UNMARRIED children of green card holders. This category is backlogged between 9 and 19 years depending on your country of birth. Married children of green card holders cannot be petitioned. You can get US citizenship and then apply for your child. If the child is married at that time, she will come under F3 which also is backlogged several years.
You might need a DNA test to prove paternity.
You might need a DNA test to prove paternity.
You must have taken steps in the past to legitimate the child OR must have established a bona fide parent-child relationship and be able to prove one or the other. IF the requiremenst were met in the past, then the adult son or daughter would qualify now. for I-130 purposes.
INA 101(b) [This is the definition of child for immigrant visa purposes.]
(b) As used in titles I and II-
(1) The term "child" means an unmarried person under twenty-one years of age who is-
(A) a child born in wedlock;
(B) a stepchild, whether or not born out of wedlock, provided the child had not reached the age of eighteen years at the time the marriage creating the status of stepchild occurred;
(C) a child legitimated under the law of the child's residence or domicile, or under the law of the father's residence or domicile, whether in or outside the United States, if such legitimation takes place before the child reaches the age of eighteen years and the child is in the legal custody of the legitimating parent or parents at the time of such legitimation;
(D) a child born out of wedlock, by, through whom, or on whose behalf a status, privilege, or benefit is sought by virtue of the relationship of the child to its natural mother or to its natural father if the father has or had a bona fide parent-child relationship with the person;
additional sections relate to adoptions...
INA 101(b) [This is the definition of child for immigrant visa purposes.]
(b) As used in titles I and II-
(1) The term "child" means an unmarried person under twenty-one years of age who is-
(A) a child born in wedlock;
(B) a stepchild, whether or not born out of wedlock, provided the child had not reached the age of eighteen years at the time the marriage creating the status of stepchild occurred;
(C) a child legitimated under the law of the child's residence or domicile, or under the law of the father's residence or domicile, whether in or outside the United States, if such legitimation takes place before the child reaches the age of eighteen years and the child is in the legal custody of the legitimating parent or parents at the time of such legitimation;
(D) a child born out of wedlock, by, through whom, or on whose behalf a status, privilege, or benefit is sought by virtue of the relationship of the child to its natural mother or to its natural father if the father has or had a bona fide parent-child relationship with the person;
additional sections relate to adoptions...
What about pettitioning your own child who is illegally in the country but under 18years old.
If a child is a visa overstay, a USC parent can file an I-130 and I-485 for the child.
A child who never made a lawful entry cannot adjust.
A child illegally in the U.S. who cannot be adjusted or whose parent cannot become a USC in time to file for the child's adjustment before the child turns 21, should depart before reaching 18 1/2 years of age to avoid accruing "unlawful presence".
Avoidance of "unlawful presence" will allow for avoidance of a re-entry bar of either 3 or 10 years and may facilitate re-entry later if otherwise eligible for any type of non-immigrant or immigrant visa in the future.
File the I-130 now if you are an LPR and must wait for a priority date for the child's visa.