Child Immigration with USCIS

The U.S. Citizenship and Immigration Services (USCIS) handles various scenarios for child immigrants. This guide outlines the general processes for common situations, but remember:

  • Specific forms and requirements can vary: Each case is unique. Consulting with an immigration attorney or USCIS is crucial for personalized guidance.

Scenarios:

  1. Immigrating with Parents (Family-Based):

    • Included in parents' application: Children are typically derivative beneficiaries on their parents' petition (Form I-130).

    • Steps:

      • Petition: U.S. citizen/permanent resident parent files Form I-130.

      • Visa Availability: Wait times vary based on the visa category.

      • Adjustment of Status or Consular Processing: Depending on eligibility, the child goes through either process.

  2. Refugee or Asylee Children:

    • Application: File Form I-589 individually or with family.

    • Status granted: Apply for adjustment of status (if in the U.S.) or go through overseas processing.

  3. Adoption:

    • Petition: U.S. citizen adoptive parents file Form I-600 for the adopted child.

    • Processing: After USCIS approval, the case goes to the National Visa Center and then to the U.S. embassy/consulate for visa processing.

    • Arrival: Upon entry with the visa, the child becomes a U.S. citizen if adoption is finalized.

  4. Unaccompanied Minors:

    • Referral: Referred to USCIS by other agencies.

    • SIJS: May be considered for Special Immigrant Juvenile Status if eligible.

  5. Child of U.S. Citizens Born Abroad:

    • CRBA: Parents report the birth to the nearest U.S. embassy/consulate for a Consular Report of Birth Abroad.

    • Passport: Apply for a U.S. passport for the child after obtaining the CRBA.

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