Can a conditional permanent resident apply green card for her child?

[Boringwaiting]

Can a conditional permanent resident apply a green card for her child who under 21?

[Beachey]

Yes but there is a few year wait (Category F2A). If possible, the USC should apply even if the relationship is only as a step-child without a legal adoption.

 

 

Family-Sponsored All Charge-ability Areas Except Those Listed

CHINA- mainland born INDIA MEXICO PHILIPPINES

F2A 15DEC10 15DEC10 15DEC10 01DEC10 15DEC10

Edited April 5, 2013 by Beachey (see edit history)

[dnoblett]

Yes, A Green-card holder can file an I-130 for child.

 

However, a US Citizen can file for a step child ONLY if step child relationship was established before child turned age 18, that is the US Citizen married parent before child's 18th birthday.

 

Visa priority depends on who files petition and the beneficiary's age.

 

• If child was less than age 18 at time of parent's marriage, and less than age 21, and US Citizen step parent files, the class is unlimited and gets visa number when NVC receives petition from USCIS.
• If child over age 18 at time of marriage, but less than 21, priority is: (F2A) (2-3 year process)
• If child is over age 21 priority is: (F2B) (About an 8 year process)
• If parent becomes USC Priority is: (F1) (About a 7 year process)
• If parent becomes USC and child is married: (F3) (About an 11 year wait, this also gets visas for their spouse and children)