Washington, D.C. – February 1, 2019: For many immigrants to the U.S., the Lawful Permanent Resident status (“LPR” or “Green Card”) is the ultimate goal. However, the privileges of residency can extend even to their children, depending on family circumstances.
A child born inside the U.S. automatically receives U.S. citizenship via birthright, under the 14th Amendment of the U.S. Constitution. The child’s parents can apply for certification of citizenship as proof of the child’s status, using Form N-600. They may also apply for a U.S. passport for the child. However, a child citizen cannot sponsor his or her parents for green card petition until he or she reaches 21 years of age.
If the child was born outside of the U.S. before either parent received their green card, then the child is eligible for a green card without the need for a separate petition. The family may contact their local U.S. consulate and add the child to their visa application.
In cases where the child was born after the parents received their green cards, the child may still receive the benefit of the parents’ green cards, if the child was born to a marriage that existed at the time that the parents received their green cards. In this case, the child is also automatically eligible for a green card without the need for a separate petition.
Consult with an immigration expert to see whether your family circumstances allow your child to join your green card process.
I.A. Donoso & Associates, LLC, is a law firm based in Washington, D.C., and is recognized as a leading immigration law firm with recognized expertise in visas for EB-5 investors, professionals and academics.
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I.A. Donoso & Associates provide assistance with review and advice regarding eligibility under EB-5 category.