Legal Question in Immigration Law in California

How does a child get his greencard when parent gets one?

If I get my greencard and I have

kids that are over and under 18 (all

unmarried), how do the kids get

their greencard? Is it automatic for

kids under 18? Do the kids file their

petition when I file? or do the kids'

petition get filed only after I get the

greencard?


Asked on 4/20/09, 2:35 am

4 Answers from Attorneys

Joseph La Costa Joseph La Costa, Attorney at Law

Re: How does a child get his greencard when parent gets one?

You really should consult an Immigration Attorney. Please send me an email if in Southern California with your contact information and we can discuss your particular facts. There is no fee for consultation.

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Answered on 4/22/09, 2:22 pm
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: How does a child get his greencard when parent gets one?

First, the age of maturity for immigration is 21. Second, it is possible depending on several variables which cannot be known in advance of filing, that even if over 21, that one or more of your children could remain under 21 for purposes of immigrating under the Child Status Protection Act (CSPA). What should be done is to file as early as possible for them in this instance. Third, if you're getting your green card, they may qualify as your derivative, unless you're an immediate relative such that you don't even have to file separate petitions for each of them. If they turn 21 during that process the CSPA might apply to them in that context.

I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at [email protected].

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

EM: [email protected] WEB: http://www.yardum-hunter.com

A �Super Lawyer� 2004 � 2009, Los Angeles Magazine

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Answered on 4/20/09, 11:37 am
Daniel Hanlon Hanlon Law Group, P.C.

Re: How does a child get his greencard when parent gets one?

If the visa category under which you acquired your green card allows for derivative classification, which is essentially all categories other than "immediate relative" of a US Citizen, then your unmarried children under the age of 21 may seek to "follow-to-join" or adjust status contemporaneously with you.

Regards,

DPH

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Answered on 4/20/09, 1:33 pm
Ellaine Loreto Law Offices of Ellaine Loreto

Re: How does a child get his greencard when parent gets one?

If you get your green card through marriage and the marriage happened after your children turn 18, you would need to petition your child.

Otherwise, your children might be qualify as derivative if they are under 21.

Please contact our office for further discussion or email me at [email protected].

Note: The above response is provided for information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

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Answered on 4/20/09, 2:30 pm


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