The Children's Green Card Eligibility in Marriage-Based Immigration Process

Question:

I am applying for U.S. Green Card based on marriage to a U.S. citizen. Can I can include my son from previous marriage in the immigration process?

Answer:

If you are applying for U.S. Green Card (lawful permanent residence) based on marriage to a U.S. citizen or a U.S. permanent resident, your foreign-born child may be eligible to obtain green card along with you. This is true whether or not the foreign-born child is the biological children of your petitioning spouse.

But the foreign-born child would not get Green Card automatically. The child will have to go through the same or a very similar immigration application process as you do. The child will have to prove that he or she is not inadmissible, and that the child will be financially supported along with you.

If your child are unmarried and under age 21, he or she will be placed in the same immigrant category of applicant as you. The result will be that the child can get a visa or green card at the same time as you do.

If your child is married or over age 21, they may or may not be able to get an immigrant visa, and any visa they might get will take years longer than yours to obtain. The eligibility will depend in part on whether your spouse is a U.S. citizen or a permanent resident.