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:
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Specific forms and requirements can vary: Each case is unique. Consulting with an immigration attorney or USCIS is crucial for personalized guidance.
Scenarios:
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Immigrating with Parents (Family-Based):
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Included in parents’ application: Children are typically derivative beneficiaries on their parents’ petition (Form I-130).
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Steps:
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Petition: U.S. citizen/permanent resident parent files Form I-130.
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Visa Availability: Wait times vary based on the visa category.
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Adjustment of Status or Consular Processing: Depending on eligibility, the child goes through either process.
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Refugee or Asylee Children:
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Application: File Form I-589 individually or with family.
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Status granted: Apply for adjustment of status (if in the U.S.) or go through overseas processing.
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Adoption:
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Petition: U.S. citizen adoptive parents file Form I-600 for the adopted child.
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Processing: After USCIS approval, the case goes to the National Visa Center and then to the U.S. embassy/consulate for visa processing.
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Arrival: Upon entry with the visa, the child becomes a U.S. citizen if adoption is finalized.
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Unaccompanied Minors:
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Referral: Referred to USCIS by other agencies.
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SIJS: May be considered for Special Immigrant Juvenile Status if eligible.
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Child of U.S. Citizens Born Abroad:
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CRBA: Parents report the birth to the nearest U.S. embassy/consulate for a Consular Report of Birth Abroad.
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Passport: Apply for a U.S. passport for the child after obtaining the CRBA.
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