Can A Green Card Holder Sponsor A Child Over 21?

November 14, 2023 by Marjorie R. Rogers, MA (English), Certified Consultant

Yes, a green card holder can sponsor a child over 21, but the process may take several years. Sponsoring a child over 21 for a green card as a green card holder is possible, but it is important to understand that the process may be lengthy.

We will explore the steps involved and the requirements that need to be met in order for a green card holder to sponsor their adult child for a green card. By the end, you will have a clear understanding of what you need to do if you want to sponsor your child over 21 for a green card.

Eligibility Criteria For Green Card Sponsorship

Yes, a green card holder can sponsor a child over 21 for a green card, but the process can be lengthy and may take several years. It’s important to meet the eligibility criteria and be aware of any inadmissibility conditions.

Green Card Sponsorship For Spouses And Children

As a green card holder, you have the privilege of sponsoring your spouse and children for a green card. This means that you can help them obtain permanent resident status and eventually live and work in the United States. It’s important to note that this sponsorship is only applicable to immediate family members, including your spouse and unmarried children under the age of 21. Here are the eligibility criteria for green card sponsorship:

• Your spouse must be legally married to you. This includes both opposite-sex and same-sex marriages that are legally recognized.
• Your children must be unmarried and under the age of 21 at the time of application.
• You, as the green card holder, must have a valid and unexpired green card.
• Your financial situation should demonstrate that you can financially support your spouse and children without relying on government assistance.
• You must be a U.S. citizen or a green card holder with a permanent resident status.

Inadmissibility Conditions For Green Card Sponsorship

While green card sponsorship for spouses and children is generally allowed, there are certain inadmissibility conditions that can affect the eligibility of the sponsored individuals. These conditions are set by the U.S. Citizenship and Immigration Services (USCIS) and must be taken into consideration:

Common inadmissibility conditions include:
Having a criminal record or involvement in certain types of criminal activities.
Violating immigration laws, such as entering the country illegally or overstaying a visa.
Engaging in fraudulent activities related to immigration, such as providing false information or documents.
Having a communicable disease of public health significance.
Being a security risk to the United States.
Being involved in human trafficking or smuggling.
Having previous deportation orders.

If any of these inadmissibility conditions apply to the spouse or children you are sponsoring, their green card application may be denied. However, there are certain waivers and exceptions available in some cases, and it’s recommended to consult with an immigration attorney for further guidance.

Applying For A Green Card For A Child Over 21

If you’re a green card holder, you may be wondering if you can sponsor your child who is over 21 years old for a green card. The answer is yes, but it’s important to recognize that the process can take many years. In this guide, we will walk you through the steps of sponsoring a child over 21 for a green card, including the requirements and documents needed for the application.

Process Of Sponsoring A Child Over 21

The process of sponsoring a child over 21 for a green card involves several steps. Here is a step-by-step guide to help you navigate through the process smoothly:

• Familiarize Yourself with the Requirements: Before starting the application process, it’s important to understand the eligibility requirements for sponsoring a child over 21. For example, you must be a green card holder and your child must be unmarried.
• File Form I-130: The first step is to file Form I-130, Petition for Alien Relative, with the United States Citizenship and Immigration Services (USCIS). This form establishes the relationship between you and your child.
• Wait for Priority Date: After filing Form I-130, you will have to wait for a priority date to become current. The priority dates determine when visa numbers will be available for your child’s category.
• File Form I-485: Once the priority date becomes current, you can file Form I-485, Application to Register Permanent Residence or Adjust Status, on behalf of your child. This form is used to apply for a green card.
• Attend Biometrics Appointment: After filing Form I-485, your child will be scheduled for a biometrics appointment. During this appointment, their fingerprints, photograph, and signature will be taken.
• Wait for Decision: After the biometrics appointment, you will have to wait for the USCIS to make a decision on your child’s green card application. This process can take several months.
• Attend the Green Card Interview: If the USCIS approves your child’s application, they will be scheduled for a green card interview. During the interview, they will be required to provide additional evidence and answer questions about their eligibility.
• Receive the Green Card: If everything goes well and the USCIS approves your child’s application, they will receive their green card in the mail. Congratulations!

Requirements And Documents Needed For Sponsorship

In order to sponsor a child over 21 for a green card, there are certain requirements that need to be met and specific documents that need to be submitted. Here are some of the key requirements and documents:

Requirements	Documents
Proof of your green card status	Copy of your green card
Proof of your relationship to the child	Copy of the child’s birth certificate or adoption papers
Proof of the child’s age	Copy of the child’s passport or birth certificate
Proof of financial support	Copy of your tax returns, bank statements, or employment verification
Proof of the child’s eligibility	Copy of the child’s passport, visa, or other immigration documents

It’s important to note that this is not an exhaustive list, and additional documents may be required based on your specific circumstances. It’s always best to consult with an immigration attorney or seek professional advice to ensure you have all the necessary documentation for your child’s green card application.

What Happens If A Child Ages Out Before Receiving A Green Card?

A child who ages out before receiving a green card may face challenges in obtaining permanent residency. A green card holder can sponsor a child over 21, but it can take many years before the sponsorship is approved.

When a child is sponsored for a green card by a green card holder parent, it is important to understand the implications if the child ages out before receiving their green card. Aging out refers to a situation where the child turns 21 years old before the completion of the green card process. In such cases, the child’s immigration status can change, leading to potential challenges and uncertainties.

Implications Of A Child Aging Out

Aging out can have significant implications for a child who was originally sponsored by a green card holder parent. Here are some of the key implications:

• The child may lose their eligibility for a green card through the parent’s sponsorship as they are no longer considered a child under the immigration laws.
• If the child ages out, they may need to explore alternative options to secure their immigration status in the United States.
• The child may have to wait longer or may face additional challenges in obtaining a green card through other means.

Options And Alternatives For Children Who Age Out Before Receiving A Green Card

While aging out can present challenges, there are still options and alternatives available for children who find themselves in this situation. Here are some possible avenues to explore:

• If the child has a U.S. citizen sibling who is at least 21 years old, they may be eligible for a different category of family-based green card sponsorship.
• The child may qualify for certain employment-based green card categories if they meet the required criteria.
• If the child is enrolled in a U.S. educational institution, they may be eligible to apply for a student visa to continue their studies and maintain legal status in the country.
• The child can explore other non-immigrant visa options that may allow them to work or reside in the United States temporarily.

It is important to consult with an experienced immigration attorney to determine the best course of action based on individual circumstances and to navigate the complex immigration laws.

While the process may be challenging, it is crucial to remember that there are options available to children who age out before receiving a green card. With the appropriate guidance and understanding of the available alternatives, it is possible to find a path towards securing the child’s immigration status in the United States.

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Frequently Asked Questions Of Can A Green Card Holder Sponsor A Child Over 21?

How Long Does It Take For A Green Card Holder To Sponsor A Child Over 21?

A green card holder cannot directly sponsor a child over 21. Only U. S. citizens can sponsor their children regardless of age.

Can A Green Card Holder Petition For A Child Over 21 Married?

Yes, a green card holder can petition for a child over 21 who is married. However, it should be noted that the process may take several years.

Can I Sponsor My 30 Year Old Son?

Yes, you can sponsor your 30-year-old son for a green card, but it may take several years. Keep in mind that this process requires meeting certain eligibility criteria. For a step-by-step guide, search “How to Get a Green Card for Your Child” on Immigration Help.

What Is The Age Limit For Green Card Dependents?

Green card dependents can be of any age if they meet the eligibility criteria.

Can A Green Card Holder Sponsor A Child Over 21?

Yes, a green card holder can sponsor a child over the age of 21.

How Can A Green Card Holder Sponsor Their Child?

Green card holders can sponsor their child by applying for a green card for them through a family-based immigration process.

Conclusion

To summarize, green card holders are not eligible to sponsor a child over 21 for a green card. This privilege is typically reserved for U. S. Citizens. However, it’s important to note that the immigration process can be complex and requirements may vary.

If you have any specific concerns or questions regarding sponsoring a child over 21, it’s advisable to consult with an immigration attorney or seek professional guidance from an authorized source.