Children Immigration in San Francisco & San Jose

Eligibility Requirements for Immigration and Children

If you are a green card holder in the US, you may petition for children who are unmarried and under the age of 21. Grandchildren may also be included in this petition. You may also petition for unmarried children over 21. If you are a US citizen, you may petition for children who are unmarried and under the age of 21, as well as unmarried children over the age of 21. You may also petition for married children of any age, and include grandchildren in the petition.

Required Documentation to Petition for a Child

In order to apply for the immigration of a child to San Francisco or San Jose, you must first complete Form I-130, or the Petition for Alien Relative, and pay the appropriate fee. You will need to provide the following documentation:

•  Evidence of US citizenship

  • Copy of US birth certificate, or

  • Copy of an unexpired US passport, or

  • Copy of Consular Report of Birth Abroad, or

  • Copy of naturalization certificate, or

  • Copy of certificate of citizenship

If you are a permanent resident, you can prove your citizenship status with:

• Green card, or

• Copy of foreign passport with a stamp showing temporary evidence of permanent residence, If your child’s name has changed, you must provide proof of legal name change in the form of a marriage certificate, divorce decree, adoption decree, court judgment, etc. You must also provide proof of your relationship with the child, in general, in the form of the following:

• Copy of your child’s birth certificate

• Copy of marriage certificate proving marriage to the child’s mother before the child turned 18, if applicable

• Evidence of termination of any prior marriages through death, divorce, or annulment

How to Apply for Child Immigration

The entire process from application to approval or denial of your visa may take years due to large backlogs. First, the petitioner must file  Form I-130, Petition for an Alien Relative, with the US Citizenship and Immigration Services (USCIS) office, and pay the filing fee. If USCIS needs more evidence or information in order to process the application, they will send you a request for evidence (RFE). Once your application is approved, you will need to file Form DS-260 with the National Visa Center (NVC). They will review the forms and documentation and determine whether the child is ready for an interview at a US Embassy or Consulate. The NVC will then forward all forms, applications, and documentation to the US Embassy or Consulate in the child’s home country. The Embassy or Consulate will schedule an interview with your child. Before the interview, the child will need to have an official medical examination. If the interview is successful, the visa will be granted, and you can arrange for your child to legally immigrate to the United States.

How We Can Help your child immigrate

At Hurtubise Weber Law, LLP, our compassionate and knowledgeable immigration attorneys have extensive experience filing for and receiving green cards and visas on behalf of their clients, their children, and their clients’ spouses and fiancés. We can walk you through the process so that you know exactly what to expect and ensure that you are providing all of the necessary fees and documentation so that you have the best chance of a favorable outcome for your family.

Contact Us for Assistance With Immigration for Children

If you need assistance applying for a visa for your child to come to the US lawfully, come see us at Hurtubise Weber Law, LLP. We have two convenient locations in San Francisco and San Jose, CA, but are currently operating fully virtual to save you time. We will do an initial evaluation to learn the details of your circumstances, and then let you know the best way to move forward and achieve your immigration goals. To learn more or to schedule an initial evaluation, contact us online or call us today.