Becoming a U.S. Resident Through U.S. Citizen Child

A United States Citizen Child who is twenty-one (21) years old or older can file a "Petition for Alien Relative" on Form I-130. A Family Petition is a form that only establishes the family relationship that exists between the parent and the child.

To start a residency application, a Non-Citizen (of the United States) needs to prove that they have a "qualifying relative," or rather, that there is a family relationship that exists to make them eligible to apply to become a legal permanent resident.

If a a Non-Citizen can prove that they have a United States Citizen Child who is over the age of twenty-one (21), then their Family Petition on Form I-130 will be approved.

However, an approved I-130 Petition only means that a relationship exists that would allow a person to submit another application to become a resident (if they qualify for that other application).

Once a person has an approved I-130 Petition, they can apply to be a resident.

However, certain rules apply when a person wants to become a legal permanent resident.

There are two way apply for residency: (1) through the consular post in a Non-Citizen's Country of origin; or (2) through a Field Office inside of the United States.

If a Non-Citizen parent lives outside of the United States, and is found to be admissible (meaning that they didn't violate any immigration laws in the past), they can apply to become a resident in their country of origin.

If a Non-Citizen parent lives inside of the United States, it may be risky to leave the United States depending on how long they've been in the United States.

A person qualifies for a waiver only if they have a U.S. Citizen Parent or U.S. Citizen Spouse; or Legal Permanent Resident Parent or Legal Permanent Spouse.

If a Non-Citizen parent lives inside the United States, they can apply to become a resident inside the United States using Form I-485 only if one of the following applies to them:

1. They entered with a visa that doesn't have restrictions. For example, they entered with a border crosser card, or a tourist visa.

2. They have Temporary Protective Status (TPS)

3. They submitted a Petition through a family member or work prior to April 30, 2001, lived in the United States on December 2000, and have not left.

4. They entered legally (see an attorney to determine whether this applies)

If a Non-Citizen Parent is not eligible to adjust status at a field office, they can only apply at a consular post (with a waiver).

Unfortunately, this means that if a Non-Citizen Parent does not have a Legal Permanent Resident Spouse, or U.S. Citizen or Legal Permanent Resident Parent, they would be stuck, and cannot apply for relief.