The married sons or daughters of a U.S. citizen are eligible for immigration under this category (K-3/K-4 Non-immigrant Visas) which are designed for the married children of U.S. citizens regardless of his or her age. Stepchildren may also qualify for lawful permanent residency (Green Card), provided the child was under the age of 18 at the time of the marriage of the parent to the U.S. citizen. Immediate family members of the married alien child may also apply for a green card with the child.

Non-Biological Parent-Child Relationships

Some of the visa possibilities for children of immigrants depend on a biological parent-child relationship between the new U.S. citizen or permanent resident spouse and the children. Luckily, immigration law also recognizes certain non-biological parent-child relationships.

Qualification

To qualify as a “child” in this category, the person must be the son or daughter of a U.S. citizen, who is married. Adopted child qualifies as long as the adoption was finalized before the child’s 16th birthday, the adoptive parents have legal custody of the child for two years (before or after the adoption), and the child resides with the adoptive parents for two years (before or after the adoption). A stepchild qualifies as long as the marriage had occurred before the stepchild’s 18th birthday.

Application Process

The children getting green cards won’t happen automatically, however. They will have to go through the same or a very similar application process as the parent. They will have to prove that they are not inadmissible and that they will be financially supported along with you. If your children are married or over age 21, they are not guaranteed a visa, and any visa they might get will take much longer than the parent’s visa. Their eligibility will depend in part on whether the parent’s spouse is a U.S. citizen or a permanent resident.

Unmarried Children

Children that are unmarried and under age 21 will, with very few exceptions, be placed in the same category of parent’s visa. The result will be that they get a visa or green card at the same time as the applicant.

Married Children

If you are a United States citizen, you can sponsor your married children for green cards. Their spouses and any unmarried children under 21 years of age may immigrate with them, also. Under the Child Status Protection Act, if their children turn 21 while the petition is processing, the time the visa petition was pending can be subtracted from their ages at the time the priority date becomes current.

Limited Acceptance

U.S. immigration laws limit the number of persons allowed to immigrate each year in this category, therefore this process can be lengthy. The number of allowable immigrants for this is 23,400 annually. Currently over 800,000 people are on the waiting list, which means it will take approximately 10 to 11 years before they are able to immigrate to the U.S. The immigration laws also set country quotas which increase the waiting time to over 20 years if a person is born in Mexico or the Philippines. The petition process for this includes submitting the following documentation and forms to the U.S. Citizenship and Immigration Services (“USCIS”):

• Form I-130 Visa
• Proof you are a U.S. citizen
• Evidence of your parental relationship
• Depending on your situation, evidence proving your parental relationship to your children can be:
• Birth certificates of your children plus your marriage certificate
• Divorce of Death certificate documents or any previous spouse(s)

If you are a parent through adoption of a step-parent you need to refer to Form I-130 which has further instructions. If the spouse(s) of your sons and/or daughters also wish to immigrate with them, their marriage certificate and any documentation relating to the termination of previous marriages must also be submitted