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When a child has to spend significant time apart from a parent due to the immigration process, this can take an emotional toll on families. A juvenile foreign resident has multiple ways to enter the country legally.
Due to the complexities of immigration laws, hiring an attorney can help you better understand the necessary forms and related documentation required to apply for juvenile immigration. Please contact a Charlotte juvenile immigration lawyer today if you have questions about obtaining citizenship for a minor.
8 U.S.C. § 1153 allows U.S. citizens to act as green card sponsors for their immediate relatives, including juveniles. One advantage of obtaining a visa for an immediate family member is that there are no numerical restrictions on the number available by the U.S. Citizenship and Immigration Services (UCSIS). Immediate family visas are also typically processed faster compared to other visa types.
A juvenile may also obtain a family preference visa. This option can provide a path to a green card for unmarried minor children (F2A preference) or the sibling of a lawful permanent resident (F4 preference). The sponsoring sibling must be at least 21 years old.
The sponsoring family member must file a petition on Form I-130 to apply for a visa based on family preference. If the petition is approved, the process can vary based on whether the foreign resident juvenile is inside or outside the country.
When located outside the country, the application must go through consular processing to obtain a green card. A Charlotte juvenile immigration attorney can advise on which steps are necessary based on your situation.
Certain minors can also seek to enter the country under the special immigrant juvenile classification. This status is available for foreign resident children who were subject to state juvenile court proceedings stemming from parental abuse, neglect, abandonment or another form of mistreatment.
Special immigrant juvenile status is only available if the child is subject to a juvenile court or administrative order involving:
Some examples of children who can seek special immigrant status include a child in a state’s welfare system, in federal custody due to undocumented status, or living with a foster family or appointed guardian.
A minor must also be physically present in the United States to qualify. A Charlotte attorney can advise you of the necessary forms for special immigrant juvenile status, which includes filing a petition on Form I-360.
A Charlotte immigration attorney can also assist you when a juvenile is born outside the country to a U.S. citizen. As long as one parent is a U.S. citizen, the juvenile can obtain naturalized citizenship.
This option is also available when a U.S. citizen adopts a child born outside the country.
The Child Citizenship Act allows the juvenile to apply for a certificate of citizenship before turning 18 years old. To qualify for citizenship the child must:
For foreign children that were adopted, the U.S. citizen parent should submit a copy of the adoption decree and a statement from a court or agency overseeing international adoptions.
The U.S. immigration system is complex, and the number of visas available each year is limited. If you are dealing with issues stemming from a minor’s immigration status, please contact a Charlotte juvenile immigration lawyer today.
A lawyer can advise you on a wide-range of immigration questions such as the appropriate forms and filing requirements based on your situation. You may also need legal assistance with appealing an immigration decision.
Charlotte Family & Divorce Lawyers and Immigration Attorneys
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