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Minor Children and Sponsorship
Do you have a minor child that you would like to emigrate to the United States? It is possible to do this. To do so, you would need to “sponsor” the child.
Sponsoring minor children in the context of immigration involves assuming responsibility for their immigration to another country. This process aims to facilitate family reunification or provide better opportunities for the child’s future.
In this article, we will explore the requirements under federal law, categories, and steps involved in sponsoring minor children, offering practical insights and guidance throughout the process.
Our skilled attorneys can assist you. Whether you are a parent wanting to bring your child to join you or a guardian looking to offer a better life for a child in your care, we can help.
What Is Sponsorship of Minor Children?
Sponsorship of minor children is when a person, typically a parent or legal guardian, assumes the responsibility of sponsoring and supporting a child’s immigration to the United States. A child, as defined in immigration terms, refers to an individual under 21 years old and unmarried.
When a parent wishes to sponsor their minor child for immigration, they start by filing an immigrant petition, specifically Form I-130, with U.S. Citizenship and Immigration Services (USCIS), which operates under the Department of Homeland Security (DHS). This form establishes and verifies the parent-child relationship while expressing the parent’s intention to bring the child to the United States.
Once USCIS approves the I-130 petition, the following steps differ depending on the child’s location:
- If the child is outside the U.S., they can proceed with the visa application process. This involves completing Form DS-260 and going through consular processing at a U.S. embassy or consulate in their home country.
- If the child is already in the United States and holds a lawful nonimmigrant status, they may be eligible to adjust their status to that of a lawful permanent resident. This can be done by filing Form I-485 with USCIS.
It’s important to note that the sponsorship process varies depending on whether the sponsoring parent is a U.S. citizen or a lawful permanent resident. Children of U.S. citizens generally have access to more immigration benefits than lawful permanent residents.
How Does Child Sponsorship Work?
The first thing to assess is whether the child qualifies for sponsorship. Next, one should assess whether the petitioner meets the requirements to be a petitioner and sponsor.
Once it is established that the child and the petitioner qualify, USCIS is approached. If USCIS approves the petition, then the matter proceeds.
Different processes occur depending on whether the child is lawfully in the U.S. or lives abroad.
Sponsorship Process
The sponsorship process begins with the petitioner, who must be either a U.S. citizen or a lawful permanent resident, filing a Form I-130, the Petition for Alien Relative, for an unmarried child of 21 years or younger.
Once the I-130 petition is approved, a priority date is assigned. The date is determined by the date the petition is received by the USCIS; the date indicates the child’s place in the queue for visa processing.
Visa availability for sponsored children depends on the parent’s immigration status. It also depends on the child’s relationship with the sponsoring parent. There are different visa categories for immediate relatives of U.S. citizens and lawful permanent residents. Visa availability may be subject to extended visa processing times and annual numerical limits.
Once a visa becomes available, the child can proceed with the visa application process. However, if the child is currently in the United States unlawfully, they will be required to return to their home country for consular processing.
This entails filing Form DS-260 and undergoing the consular procedure at a U.S. embassy or consulate in their home country, including a medical examination, submission of supporting documents, and an interview.
If the child is already lawfully present in the United States, they may have the option to adjust their status to that of a lawful permanent resident without needing to leave the country. This can be done by filing Form I-485, the Application to Register Permanent Residence or Adjust Status, with USCIS.
Once the child’s visa application or adjustment of status is approved, they will be issued a visa or a green card, which grants them entry into the United States as a lawful permanent resident.
How Much Does Sponsorship Cost?
The cost of child sponsorship in the U.S. depends on several criteria. Here are some costs to consider:
- Filing Fees: As of June 2023, the filing fee for Form I-130 is $560.
- Additional Fees: Throughout the sponsorship process, there may be additional fees. Such fees include getting necessary supporting documents, translations, or legal representation and assistance.
- Medical Exam: As part of the immigration process, the child will usually be required to undergo a medical examination. An authorized physician must do this. The cost of the medical examination varies, but it is usually paid directly to the doctor or medical facility.
- Travel fees: Travel fees will apply if the child is outside the United States. Fees for flights and transportation to the U.S. embassy or consulate for the visa interview may be incurred.
Andrew T. Thomas, Attorneys at Law – How We Can Assist
Do you require assistance obtaining immigration status for your minor children? Our team of immigration attorneys can assist.
Immigration lawyers at our firm have helped many families navigate the complexities of sponsorship. We have obtained legal status for their minor children, enabling them to flourish in their new home.
Under our guidance, we can ensure the applications are completely and thoroughly filled. This will avoid any extra delays or complications caused by an inaccurate application. We can also guide you through the process while preserving their rights.
If you need a competent immigration attorney in Texas, look no further. Andrew T. Thomas, Attorneys at Law, offer a full bouquet of immigration services. We can provide valuable information, advice, and an unrivaled dedication to your case. Call now to speak with a citizenship lawyer.