As a parent, you may be so proud of your child for living out the “American Dream” in the United States. You may have shared in their dreams for all their life, so naturally, you would love to witness and experience it firsthand alongside them. Well, given the endless love, care, and sacrifices you made when raising your child, it is likely they will want to return the favor and sponsor you for permanent residency at a mature age. For this, please continue reading to learn whether you can get a green card through your adult child and how an experienced Baltimore County, Maryland green cards lawyer at Sheri Hoidra Law Office, LLC, can ensure you follow the procedural steps carefully.
Can my adult child sponsor me for a United States green card?
Simply put, your adult child may meet the basic eligibility requirements for parent sponsorship if they are a United States citizen and at leasr 21 years old. That is, this does not work if they are only a green card holder (i.e., permanent resident) themself. You must meet certain qualifying criteria, as well. Namely, you must have a recognized parent-child relationship, primarily as their biological parent, or their adoptive parent, or stepparent under very specific circumstances.
For one, you may receive sponsorship as an adoptive parent if the adoption was finalized before your child’s 16th birthday. Then, your child must have been in your legal and physical custody for at least two years. Secondly, if you are a stepparent, you must have legally married the child’s biological parent before their 18th birthday. For immigration purposes, a formal adoption does not need to take place to establish a step-relationship.
What is the process for getting a green card through my adult child?
If you are confident that you and your adult child meet the necessary eligibility factors for green card sponsorship, your child may proceed with filing Form I-130, Petition for Alien Relative, with the United States Citizenship and Immigration Services (USCIS). Once you get word of its approval, you may follow up with either applying for an adjustment of status or undergoing consular processing. The former legal pathway is if you are already present in the U.S., while the latter is if you are still living abroad.
While you are navigating through either step, your child may also have to work on Form I-864, Affidavit of Support. This is necessary because the U.S. government wants to know that your child can adequately provide you with financial support during your stay, and thus, you will not become a public charge. Specifically, they may have to demonstrate that they earn at least 125 percent over the federal poverty level for their household size. If they do not exceed this threshold, they may need to find a willing joint sponsor.
Even though you and your child have each other, it does not hurt to get additional support during this very important legal process. So please, turn to a skilled Baltimore County, Maryland immigration lawyer from the Sheri Hoidra Law Office, LLC. We would love to help make your dream of living together in the U.S. come true.