Brought my minor son to the U.S with form I-134A

[RCMAlonso 0]

I brought my child to the U.S. from Nicaragua using form I-134A in March of 2023. I became a U.S. citizen through Naturalization in February of 2022, what do I need to do to legalize my child? He's 9 years old and I don't know if I need to file a I-130 and then a I-485 or if I can apply for a N-600 directly.

Thanks for the help

[Chancy 6,241]

*** Moved from Bringing Family of USC forum to AOS from Work/Student/Tourist Visas forum -- topic is about AOS of I-134A CHNV beneficiary already in the US ***

 

13 minutes ago, RCMAlonso said:

I brought my child to the U.S. from Nicaragua using form I-134A in March of 2023. I became a U.S. citizen through Naturalization in February of 2022, what do I need to do to legalize my child? He's 9 years old and I don't know if I need to file a I-130 and then a I-485 or if I can apply for a N-600 directly.

 

You will need to file I-130 and I-485 to get a green card for your child.  Also file I-131 (for AP travel permit) and I-765 (to get SSN sooner, if he has no SSN yet).  I-864 is required as part of his I-485 package.

 

Even if you are a US citizen, your child cannot derive citizenship from you until after he becomes a GC holder himself.  After his I-485 is approved, apply for his US passport.  After he gets his US passport, only then should you file N-600.

 

[Mike E 11,739]

32 minutes ago, Chancy said:

yet).  I-864 is required as part of his I-485 package.

I think in this case, I-864W needs to be filed.

Edited July 13, 2023 by Mike E

[Chancy 6,241]

10 minutes ago, Mike E said:

I think in this case, I-864W needs to be filed.

 

Good catch.  I-864W is required, not I-864.

 

[RCMAlonso 0]

Thank you for your response I was very puzzled about this, there will be a lot fees involved with the process.. can I skip the I-765? He's just 9 years old

Edited July 13, 2023 by RCMAlonso

[Boiler 45,486]

15 minutes ago, RCMAlonso said:

Thank you for your response I was very puzzled about this, there will be a lot fees involved with the process.. can I skip the I-765? He's just 9 years old

I thought it was still free?

[Redro 4,611]

16 minutes ago, RCMAlonso said:

Thank you for your response I was very puzzled about this, there will be a lot fees involved with the process.. can I skip the I-765? He's just 9 years old

There is currently no cost for the I-765 and the I-131 if filing the I-485.

https://www.uscis.gov/sites/default/files/document/forms/i-765instr.pdf (p.24)

If your son already has an SSN you do not have to complete the form. But, if you would like your son to receive an SSN sooner you should complete this form. 

Edited July 13, 2023 by Redro

[Chancy 6,241]

2 minutes ago, RCMAlonso said:

there will be a lot fees involved with the process.. can I skip the I-765? He's just 9 years old

 

I-131 and I-765 are not required, but strongly recommended.  Both may be filed for free under category (c)(9), along with the I-485.  Just pay the I-130 and I-485 filing fees.  Note that there is no biometrics fee for child below 14 -- https://www.uscis.gov/feecalculator

 

If your son does not have SSN yet, he may be able to get SSN sooner with I-765 (EAD), while waiting for the I-485 to be approved.  Make sure to check the SSN boxes on both the I-765 and I-485 forms.