Package for Unmarried son/daughter 21 or over of U.S. Citizen
Who should buy this package?
You should buy this package if you think that you are up to the challenge of dealing with the U.S. immigration system without an attorney, but you would like a bit of guidance before taking the plunge! This package contains helpful information for U.S. citizens who wish to file immigrant visa petitions for their unmarried children (ages 21 or over).
Please note that, even once a family-based petition is approved, unmarried sons and daughters of U.S. Citizens will need to wait their turn in line for a visa to become available. Based on current wait times, an unmarried son or daughter of a U.S. Citizen can reasonably expect to wait at least ten years, or possibly even longer, for a visa to become available.
Please further note that the approval of a family-based petition for an unmarried son or daughter of a U.S. citizen does not provide the son or daughter with any immigration benefits until their visa becomes available. Even after this type of petition has been approved, the son or daughter will not have any status in the United States. The son or daughter cannot simply wait in the United States without lawful immigration status for a visa to become available to them. In order to get a Green Card, the son or daughter must comply with U.S. immigration laws while he or she waits for his or her visa.
What is in this package?
- Overview of the process of filing an I-130 Family Petition on behalf of an unmarried son or daughter of a U.S. Citizen.
- Checklist of forms and evidence that you will need to submit with your application.
- Step-by-step instructions, which will guide you through the process of collecting necessary evidence, filling out your paperwork, and properly filing the petition with United States Citizenship and Immigration Services (USCIS).
- Example “Certificate of Translation”, which you will need if your application will contain any document written in a language other than English.
- Sample Cover Letter. You shouldn’t judge a book by its cover, but USCIS does sometimes judge a family petition by its cover letter! Following this template will help to ensure that your application is not erroneously rejected in USCIS’s mailroom.
- Sample Affidavits. If you would like to have friends or family members write to USCIS about your family’s relationship, following this template will help to ensure that USCIS gives the written testimony full evidentiary weight.
- Blank Immigration Forms, including the most common forms that are filed with immigrant petitions filed on behalf of unmarried sons or daughters of U.S. citizens.
- Frequently Asked Questions, answering some of the most common questions that applicants have when filing parent-child petitions.
How to use this package?
Follow the step-by-step instructions on how to complete, assemble, and file a successful parent-child petition with USCIS. The package starts with an overview of the process, provides a checklist of the documents that you’ll need to submit with your application, and provides detailed instructions for how to complete each form. The package also contains instructions for preparing your application for mailing, and an explanation of what will happen once the family petition is approved. Following the instructions in this package may prevent you receiving a Request for Additional Evidence on your application, or, worse, a denial.
Special instructions
This guide is intended to provide instructions only as to the initial petition for an unmarried son or daughter of a U.S. Citizen. It does not provide detailed instructions as to how the son or daughter can obtain a Green Card after the ten-year wait. If your family petition has already been approved and a visa is now available for you, you should speak with an experienced immigration attorney in order to get specific, individualized instructions for how you can obtain your Green Card.
You should be aware that, in order to qualify for a visa as an unmarried son or daughter of a U.S. citizen, the unmarried son or daughter will need to continue to remain unmarried until he or she arrives in the United States and obtains a Green Card. If the unmarried son or daughter gets married while waiting for a visa to become available, the amount of time that they will need to wait for their visa will change. While unmarried sons and daughters of U.S. citizens have to wait approximately seven years for a visa, married sons and daughters of U.S. citizens need to wait approximately 10-12 years.
Please note that if an unmarried son or daughter has a serious criminal history or history of immigration violations, they may never be eligible to obtain a Green Card. If you are concerned about the unmarried son or daughter’s criminal record or immigration history, you should consult with an experienced immigration attorney prior to filing any immigration paperwork on his or her behalf.