Petitioning married children

[belladona_ph 0]

How can a permanent resident petition married children? Is there a way so that the married children and their children ( grandkids) can be petitioned by a permanent resident? Is an affidavit of support required?

Thank you.

[Girona40 0]

How can a permanent resident petition married children? Is there a way so that the married children and their children ( grandkids) can be petitioned by a permanent resident? Is an affidavit of support required?

Thank you.

A lawful permanent resident may petition for:

A child (unmarried and under 21 years of age)

An unmarried son or daughter ( 21 years of age and older)

A lawful permanent resident may not petition for a married son or daughter.

If you had children before you became a permanent resident and you did not immigrate as an immediate relative of a U.S. citizen, your unmarried, minor children may be eligible to receive following-to-join benefits. This means that you do not have to submit a separate USCIS Form I-130 (Petition for Alien Relative) for your children, and your children will not have to wait any extra time for a visa number to become available. See the Petitioning Procedures for more information on following-to-join benefits. Otherwise, children of LPRs will be eligible for a visa when their priority date is listed on the Department of State Visa Bulletin.

USCIS - LPR Petitioning Rules

[belladona_ph 0]

Thank you for that information Girona. yes I am reading through the USCIS guidelines. Well, I guess my sister has to file for naturalization first so she can petition her married son/daughter.

[shusterman 0]

That's right. An LPR can only petition for his/her:

1) Spouse;

2) Unmarried children under 21 yrs old; and

2) Unmarried children over 21 years old

[YuAndDan 153]

UNLIMITED FAMILY-BASED

Immediate Relatives of U.S. Citizens (IR): The spouse, widow(er) and unmarried children under 21 of a U.S. citizen, and the parent of a U.S. citizen who is 21 or older.

Returning Residents (SB): Immigrants who lived in the United States previously as lawful permanent residents and are returning to live in the U.S. after a temporary visit of more than one year abroad.

LIMITED FAMILY-BASED

Family First Preference (F1): Unmarried sons and daughters of U.S. citizens, and their children, if any. (23,400)

Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (over age 20) of lawful permanent residents. (114,200) At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder will be allocated to unmarried sons and daughters.

Family Third Preference (F3): Married sons and daughters of U.S. citizens, and their spouses and children. (23,400) http://travel.state.gov/visa/immigrants/ty...types_1306.html

Family Fourth Preference (F4): Brothers and sisters of United States citizens, and their spouses and children, provided the U.S. citizens are at least 21 years of age. (65,000)

You need to first become a citizen through naturalization, then you can file a petition for a F3 visa for married children. the wait for a visa number for F3 visa is quite long 5 or more years from date of filing, currently USCIS is processing applications dated April 2001

Edited December 1, 2006 by YuAndDan