Obtaining a Permanent Residency Visa (GreenCard) in the Philippines through Sponsorship by a U.S. Citizen Child

What is a permanent resident visa?

A permanent resident visa allows you to obtain permanent residency at the U.S. Embassy in the Philippines, rather than applying to the U.S. Immigration Service while staying in the United States. Upon entering the U.S. with a permanent resident visa issued by the U.S. Embassy in the Philippines, you will be recognized as a permanent resident on the day of your arrival. Your permanent resident card will be mailed to your home within approximately two weeks to two months. It may take up to six months for processing.

Can a citizen child sponsor their parents and obtain a permanent resident visa in the Philippines?

This refers to a situation where a U.S. citizen child over 21 years of age sponsors a parent living in the Philippines, and the parent obtains a permanent resident visa through the U.S. Embassy in the Philippines. The parent who receives a permanent resident visa through their child's sponsorship becomes a permanent resident upon entering the U.S. with the permanent resident visa. The actual permanent resident card will be received at their U.S. address within two weeks to a month. It takes an average of eight to 14 months for a parent to obtain a permanent resident visa in the Philippines through the sponsorship of a U.S. citizen child.

Which parents can be invited? 

Although we simply refer to them as "parents," there are actually many different types of parents that a citizen child can invite. 

☗ Biological parents: If the biological parents were married when the child was born to a U.S. citizen, the biological parents can be invited.  

☗ Even if a child is born to a U.S. citizen parent who is not married to the biological mother or father, the biological mother can easily petition for the child. However, the biological father requires additional evidence, such as proof of a sustained emotional connection or financial support. Depending on the circumstances, these cases may incur additional attorney fees.

☗ Stepfather or Stepmother If a child who is a U.S. citizen has a biological mother or father who remarries before the child turns 18, the child can invite the stepfather or stepmother.

☗ If a child who is a U.S. citizen and was adopted before turning 16 and has lived with their adoptive parents, they can sponsor their adoptive parents. In this case, the U.S. citizen child cannot sponsor their biological parents.

When a Korean resident parent applies for a permanent resident visa in the Philippines at the invitation of a citizen child, all of the following qualifications must be met.

♥ U.S. citizen children must be at least 21 years old and must prove U.S. residency.   When sponsoring a parent, proof of U.S. residency is not required, so they do not need to reside in the U.S. However, when the parent attends the green card interview, they must prove that they currently reside in the U.S. or will soon reside in the U.S. (either by working in the U.S. or enrolling in a U.S. school). They must also have a U.S. address. Proof of an imminent U.S. job or enrollment in school will be considered proof of U.S. residency.

♥ The relationship must be legally recognized as a parent-child relationship under U.S. immigration law.  Legal parent-child relationships recognized under U.S. immigration law are ① biological parent (born to married Filipino parents), ② born to unmarried Filipino parents, ③ stepparent/stepmother, and ④ adoptive parent. U.S. citizens born to unmarried Filipino parents should consult with an attorney for further details before signing the contract. 

♥ The Korean parent must not have violated any significant immigration laws.   If the Filipino parent has violated any of the immigration laws listed below, it may affect their ability to obtain a green card.   If any of the following apply to you, you should consult with our attorneys in detail and have them review the relevant documents. Sometimes, individuals are unaware of other potentially problematic immigration violations. If you suspect any violations of immigration laws, please notify our law firm in advance.

<Serious violations of immigration laws> ① If you are denied entry into the United States on a tourist/visa-free/student/employment/resident/investment visa, etc. ② If your visa application is denied for reasons other than insufficient documents or qualifications while applying for a visa at the U.S. Embassy in the Philippines ③ If you have been referred to a deportation trial in the U.S. ④ If you are denied for reasons other than insufficient documents while attempting to change your status at the U.S. Immigration Service, etc. ⑤ If you have stayed in the U.S. illegally in the past, etc.

♥ The Korean parent must not have a significant criminal record.  If there is even a single arrest record, please email us the relevant documents so we can review them. You must report any arrest record, whether in the Philippines, the United States, or anywhere else in the world. Simple traffic violations are not a major issue, but fraud, theft, and felonies must be reviewed for immigration issues. Additional attorney fees may apply if there is a serious criminal record or if the arrest record is reviewed. 

♥  You must be able to financially sponsor your U.S. citizen child.  U.S. law requires that the citizen child have a certain amount of assets or income. This is because Korean parents, after becoming permanent residents, may rely on U.S. government assistance to support themselves. Therefore, if the citizen child lacks a certain income or assets, they may need to appoint another joint sponsor, or, in some cases, use the Filipino parent's assets to sponsor the child. 

The costs associated with issuing a parent -sponsored green card visa  can be categorized into:

1. USCIS fees,
2. National Visa Center (NVC) fees,
3. medical examination fees,
4. Attorney fees,
5. Postage, and
6. Additional fees.   

*We will provide a detailed explanation of potential costs before you sign the contract.

STEP 1. Consult with a lawyer to determine your eligibility for a permanent resident visa.

We recommend consulting with an attorney to accurately determine your eligibility requirements for a change of permanent resident status. The fastest and most accurate method of consultation is by phone, and consultations are available in a variety of formats.

To speak directly with Attorney Jaegyun Ryu, call +1 (408) 516-4175 or email: [email protected]. For Filipino clients only: +63 991 708 6191. U.S. office hours: Monday - Saturday, 8:00 AM - 5:00 PM, Pacific Standard Time. For Filipino clients: call Monday - Saturday, 8:00 AM - 5:00 PM * If your call is not answered, please leave a voicemail. We will call you back after receiving your message. (Except holidays).

During the consultation, we will confirm whether you have any disqualifications for your green card application and provide detailed information on precautions for the future green card process. You will also receive detailed information on any additional costs incurred due to past disqualifications and any future disqualifications.

STEP 2. Write a contract, pay the deposit, and receive guidance documents.

After the consultation, we'll email you a contract for your review. If you decide to proceed with us, we'll proceed as follows:

1. The customer prints the contract, signs it, and emails it to us.
2. The customer pays a deposit (50% of the contract amount). (Payment is accepted by check, credit card, or PayPal.)
3. We'll email you a checklist and questionnaire.

STEP 3. Gather the materials and information needed to complete the permanent resident visa invitation.

This is the stage where you gather the documents and information required for a permanent resident visa invitation. You must gather all the necessary information and documents and submit them to our law firm. Depending on the client, this process can take anywhere from one week to a month. This stage is also when clients often have the most questions. Our law firm provides prompt and accurate answers directly to all your questions, ensuring they are fully resolved.

STEP 4. Submit your permanent residency invitation documents and receive guidance on future procedures and requirements.

After the law firm mails the green card application, attorney's letter, and supporting documents to the USCIS, the firm will email the client a "post-shipment information package."

 < Information Package Contents >

1. What happens after submitting the green card application and the process
2. Things to keep in mind when moving within the U.S. after applying for green card
3. How to check the green card process

STEP 5. Receive your permanent resident invitation receipt

A receipt is issued by the immigration office, indicating that the immigration office has successfully received the green card invitation and immigration fee and is now ready to begin reviewing the documents.

STEP 6. Receive your green card invitation approval letter.

Approval of the green card petition will be received approximately five to eight months after submitting the application. Occasionally, the immigration office may request additional documentation if the required documents are insufficient. For example, if a couple has lived apart for a long time, speaks a different language or shares a different culture, or if the green card applicant is from Thailand, the Philippines, Vietnam, or Cambodia, additional documentation is often requested.

STEP 7. The green card invitation approval document is transferred to the National Visa Center.

Once your green card petition is approved, it takes an average of two weeks to a month for your documents to be transferred to the National Visa Center (NVC). After a case number is assigned, the NVC will bill your attorney's office the NVC fee. The NVC fee is $445 = $120 for the immigrant visa fee + $325 for the affidavit of support fee.

STEP 8. Prepare documents to submit to the National Visa Center (NVC).

The attorney's office pays the NVC fee, and the client and the attorney's office begin preparing the ① immigrant visa documents and ② financial affidavits required by the National Visa Center (NVC) for immigration purposes. Gathering the necessary documents and information takes an average of one week to one month, and some clients prepare them in advance, even before the green card petition is approved, to save time.

STEP 9. Submit your documents to the National Visa Center (NVC).

Submit ① immigrant visa documents and supporting documents, and ② financial guarantee application and supporting documents to the National Visa Center (NVC).

STEP 10. Receive an interview schedule

After reviewing your documents, the National Visa Center (NVC) will work with the U.S. Embassy in the Philippines to schedule an interview date and notify you of the interview date via email.

STEP 11. Send the interview preparation documents to the client by mail.

Once the National Visa Center (NVC) notifies you of your interview schedule, we will mail a list of interview documents to Korean residents. We will then carefully review the documents with you over the phone. Furthermore, we will conduct a virtual interview with a lawyer to ensure you can attend the interview without any hesitation.

STEP 12. Pass the interview and receive a permanent resident visa.

If you pass the interview, you will receive your permanent resident visa within one to two weeks. The visa will be attached to your Philippine passport and delivered by courier to your Philippine address.

STEP 13. Pay immigration fees before entering the United States.

Under new immigration regulations, an additional $220 immigration fee is required. Since attorneys cannot pay this fee on behalf of permanent resident applicants, we advise clients to pay it themselves.

STEP 14. Enter the United States and Obtain Permanent Residency

The moment you enter the United States with a green card, you become a permanent resident, and you will receive your green card by mail to your U.S. address within two weeks to two months.