Green Card Family Second Preference

Frequently Asked Questions & Answers

1. I am a Lawful Permanent Resident mother. How do I bring my child, son or daughter to live in the U.S.?

If you are a lawful permanent resident applying to bring an unmarried, minor child or an unmarried son or daughter to the U.S. to live and you are the mother of the child, you must file the following with the U.S. Citizenship and Immigration Services:

  1. Form I-130, Petition for Alien Relative
  2. A copy of your alien registration card
  3. A copy of the child’s birth certificate showing your name and the child’s name

Note: If anyone’s name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted.


2. I am a Lawful Permanent Resident father. How do I bring my child, son or daughter to live in the U.S.?

If you are a lawful permanent resident and the father or stepparent of the child, you must file the following with the U.S. Citizenship and Immigration Services:

  1. Form I-130, Petition for Alien Relative
  2. A copy of your alien registration receipt card
  3. A copy of the child’s birth certificate showing the child’s name and the names of both parents
  4. A copy of civil marriage certificate showing the names of both parents, or proof that a parent/child relationship exists or existed (if you are petitioning for a stepchild, your marriage to the child’s parent must take place before the stepchild’s 18th birthday)
  5. A copy of any divorce decrees, death certificates, or annulment decrees that establish the termination of any previous marriages entered into by you or your spouse
  6. Fathers petitioning for a child born out of wedlock must provide evidence that a parent/child relationship exists or existed. For example, the child’s birth certificate displaying the father’s name, evidence showing that the father has made financial contributions in support of the child. A blood test proving paternity may be necessary

Note: If anyone’s name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted.

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3. I am a Lawful Permanent Resident adoptive parent. How do I bring my child, son or daughter to live in the U.S.?

If you are a lawful permanent resident and the adoptive parent of the child or unmarried son or daughter, you must file the following with the U.S. Citizenship and Immigration Services:

  1. Form I-130, Petition for Alien Relative
  2. A copy of your alien registration receipt card
  3. A copy of the child’s birth certificate showing the child’s name and the names of both parents
  4. A certified copy of the adoption decree (The adoption must have taken place before the child reached the age of 16. One exception: if you adopted the child’s sibling who had not yet reached age 16, the older sibling must have been adopted before reaching the age of 18.)
  5. The legal custody decree if you obtained custody of the child before adoption
  6. A statement showing the dates and places your child has lived with you, and proof that your child has lived with you and has been in your legal custody for at least two years

Note: If anyone’s name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted.


4. Where can I get the forms and fee information?

You may download the Forms using VisaPro’s free fillable forms service.


5. What happens after I file the petition?

You will be notified by the USCIS if your I-130 petition is approved or denied. If it is approved, your child, son or daughter will be notified by the Department of State when a visa number, if necessary, is available. If your child, son or daughter is outside the country, he or she (or the adult acting for him or her) must then go to the local U.S. consulate to complete visa processing. If your child, son or daughter is legally inside the U.S. when a visa number, if necessary, becomes available, he or she may then apply to adjust to Permanent Resident status.


6. May I appeal if my petition is denied?

If the Form I-130 visa petition you filed for your child, son or daughter is denied, the denial letter will tell you how to appeal, along with where and when you must file the appeal. After your appeal form and the required fee are processed, the appeal will be referred to the Board of Immigration Appeals.