What Is a Public Charge in Immigration Law?
Thus far, it may be heartbreaking for you to remain in the United States while your children reside back in your home country. However, you may be doing this to lay down the groundwork, so to speak, so that they may eventually enjoy a life of opportunities and freedom here. So, once you finalize getting a green card for yourself, continue reading to learn whether you can bring your children to the U.S. and how an experienced green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you navigate this immigration process smoothly.
As a green card holder, can I bring my children to the United States?
In short, as a lawful permanent resident of the United States (i.e., green card holder), you may petition for your children to join you in the United States. Importantly, though, this may only be allowed if you have unmarried children under the age of 21 (i.e., F2A visa category) or unmarried sons and daughters over the age of 21 (i.e., F2B visa category). In other words, only U.S. citizens may bring their married sons and daughters (i.e., F3 visa category). And so, if you and your children fall under an eligible category, you may proceed with filling out and filing Form I-130, Petition for Alien Relative, with the United States Citizenship and Immigration Services (USCIS).
What evidence do I need to supplement my children’s immigration applications?
First things first, you must establish your legal status in the country with the USCIS. This may require you to provide a copy of your Form I-551 (i.e., green card), front and back, alongside your Form I-130. Or, a copy of your foreign passport bearing a stamp showing temporary evidence of your permanent residence. From here, you must prove your eligible relationship with your child. This may be accomplished in any of the following ways:
- If you are the genetic mother or non-genetic legal gestational mother:
- You must provide a copy of the child’s birth certificate.
- If you are the genetic father:
- You must provide a copy of your marriage certificate shared with the child’s genetic or legal gestational mother.
- You must provide evidence that your child is legitimated or that you have a bona fide relationship with the child.
- If you are the step-parent:
- You must provide a copy of your marriage certificate shared with the child’s genetic or legal gestational parent.
- You must provide evidence of the legal termination of all your previous marriages (i.e., divorce decree).
- If you are the adoptive parent:
- You must provide a copy of the child’s final adoption decree.
- You must provide evidence that you had at least two years of legal and physical custody over the child.
If you are ready to make matters right, please retain the services of a skilled family immigration lawyer in Milwaukee, WI, as soon as you can. We at Sesini Law Group, S.C., look forward to receiving your outreach.
