How Green Card Holders Can Bring Their Children to NYC?

Living away from your children is difficult. Once you’ve secured your green card, you want to know, “How green card holders can bring their children to NYC?” The children of green card holders must also obtain a green card. The process differs depending on the age of the children and whether they are already legally residing in the United States.

Hire an Immigration Lawyer

Living away from family members can be emotionally draining, especially when you live far away from your children. Pollack, Pollack, Isaac & DeCicco, LLP can assist you in filing a family-based immigration petition. Our team offers professional guidance on issues related to green cards.

The Petition Process

When petitioning for your children to become permanent residents in the United States after you receive your green card, the ages of your children are relevant in how the process is completed. U.S. Citizenship and Immigration Services (USCIS) considers your child to be any unmarried child under the age of 21. A son or daughter refers to your children who are married or over the age of 21.

The following are considered children for immigration purposes:

• A genetic child born in wedlock
• A genetic child born out of wedlock
• A child born through Assisted Reproductive Technology
• A stepchild, as long as they became a stepchild before turning 18
• A child adopted before turning 16

Eligibility Requirements

As a green card holder, you can petition for:

• Unmarried and under 21 children
• Your child’s children
• Unmarried sons and daughters
• Son’s and daughter’s children

Required Documentation

As a green card holder, you are going to need:

• Form I-130, Petition for Alien Relative, signed and with the proper fee
• Documentation of your status. This can be a copy of your green card, Form I-551, or a copy of your foreign passport with temporary evidence of permanent residence stamp
• If applicable, proof of legal name change for you or your child
• Proof of relationship

After Filing Proper Documentation

Once you have filed the necessary documentation, you may have to wait for a visa to become available. Once it is available:

• If your child, son, or daughter is already in the United States, they are going to need to file Form I-485.
• If your child, son, or daughter is outside of the United States, once the approved visa is available, the petition is sent for consular processing. Notifications and additional information can be provided by the U.S. Embassy or consulate.

What If Your Petition Is Denied

If your visa petition is denied, you have the right to appeal the decision. There are steps you can take to appeal the decision:

1. Thoroughly review the notice of denial. The USCIS provides details of why the petition was denied in the notice.
2. Gather documentation and necessary fees. You may have to pay a filing fee and provide supporting documentation, Form EOIR-29, and, if you are being represented by an immigration attorney, Form EOIR-27.
3. File the paperwork. You have 30 days to properly file your appeal from the date of the denial. The deadline to file is included on the notice.
4. Once everything is properly filed, the USCIS reviews the appeal. At appeal, the petition is either reopened and approved or is declined to be reopened. If the petition is not reopened, the Board of Immigration Appeals reviews the appeal for any legal or procedural errors.

Immigrants in the United States

According to the Migrant Policy Institute, as of 2023, there were 47.8 million immigrants living in the United States. For the first time, immigration accounted for all of the population growth in the United States between 2022 and 2023. Children 17 and under accounted for less than 6% of all immigrants. Immigration status shows that:

• 49% are naturalized citizens
• 19% are lawful permanent residents (green card holders)
• 5% are long-term nonimmigrants

FAQs

Q: What Is the Six-Month Rule for Green Card Holders?

A: The six-month rule for green card holders refers to the continuous residence requirement for naturalization. Naturalization requires five years of continuous residency in the United States. Absences over six months but less than one year increase the scrutiny on your case and could break the continuity. Absences longer than one year automatically break the continuity of residency. Long absences require documentation form N-470 to retain continuity.

Q: Do My Minor Children Automatically Become Citizens After I Get a Green Card?

A: No, minor children are not automatically awarded citizenship after their parent obtains a green card. Once the parent has completed the naturalization requirements, under the Child Citizenship Act, the child can also become a citizen if they meet certain conditions. The child must reside in the United States, be a lawful permanent resident, and must be under the age of 18.

Q: What Are the Preference Categories When Petitioning for Family Members to Immigrate to the United States?

A: When you are a green card holder, you can petition for your family members to immigrate to the United States. When visas are available, they are distributed based on preference categories and priority dates.

First preference is for unmarried, adult children of U.S. citizens. Second preference is for spouses of green card holders and unmarried children or adult children of permanent residents. The third preference is for married children of U.S. citizens. Fourth preference is for siblings of U.S. citizens.

Q: How Many Green Cards Are Issued Every Year?

A: The number of green cards issued every year is limited to 226,000 family-sponsored preference visas and 140,000 employment-based preference visas. Each category is further divided into multiple sub-categories, of which each receives a percentage of the total visas available each year.

When the demand for visas outweighs the supply, a visa queue is formed. The visas are then distributed according to preference categories, country of chargeability, and priority date. The priority date is used to determine a place in the queue.

Contact Pollack, Pollack, Isaac & DeCicco, LLP Today

We offer legal consultations both online and face-to-face to meet your needs. Our team at PPID speaks multiple languages to prevent a language barrier from impeding your immigration case. When you need to hire an immigration lawyer, look for one with decades of experience in family immigration laws. Contact us today to schedule a consultation.

About The Author

Conrad E. Pollack

Conrad E. Pollack is the Managing Partner and Director of Immigration at Pollack, Pollack, Isaac & DeCicco, LLP. He graduated Magna Cum Laude from New York University and earned his J.D. from Brooklyn Law School. With over three decades of experience in immigration law, Conrad has helped countless clients achieve their American Dream. Under his leadership, PPID has expanded significantly, opening new offices in Peekskill and Brooklyn, NY. He is a member of the American Immigration Lawyers Association and has been recognized for his professional excellence with numerous awards and distinctions. Education: Magna Cum Laude graduate from New York University; J.D. from Brooklyn Law School. Awards: Recipient of numerous professional excellence awards. Memberships: Active member of the American Immigration Lawyers Association.

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