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

How to apply for permanent residency in the United States?

This refers to cases where Filipino parents,  who initially did not intend to apply for permanent residency,  change their minds after at least three months of entry and  decide to live with their U.S. citizen child, and apply for permanent residency within the United States. This process of changing the Filipino parent's status to that of a permanent resident is called "applying for permanent residency in the United States." This is also known as a change of permanent resident status/adjustment of status.  

Which parents can be invited? 

Above, we simply used the term "parent," but in reality, we will look at the concept of more diverse types of parents that can be invited by citizen children.

☗ Biological parents : If a U.S. citizen is born to biological parents who are married, you can sponsor those biological parents.  

☗ Unmarried biological parents at the time of child's birth: Even if a child is born to unmarried biological parents who are U.S. citizens, the biological mother can easily petition for the child. However, the biological father requires additional evidence. For example, he or she must prove that he or she (1) acquired custody after the child's birth, (2) maintained an ongoing emotional connection, or (3) received 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 parent visiting the United States at the invitation of a citizen child applies for permanent residency, all of the following requirements must be met:

♥ The child of a U.S. citizen must be at least 21 years old and reside in the U.S.  

♥ 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 Filipino parent must not have intended to apply for permanent residency at the time of their entry into the United States.   They must have a valid attitude consistent with the requirements of the US visa they initially held upon entry. Furthermore, they must have been intending to apply for permanent residency at least 90 days after entering the country. For example, if they entered the country with the sole intention of tourism on a visa waiver, they must have been a tourist for at least three months. If they work, study, sign a two-year apartment lease, or purchase a car immediately after entering the country on a visa waiver without permission from the immigration office, they may be misunderstood as having intended to reside in the US permanently rather than tourism. If you  are interviewed by the immigration office, they can verify whether this has occurred in various ways,  so please consult with them to ensure you meet the eligibility requirements. However, if the Korean parent entered the country on a work visa, this requirement is not met. 

♥ The Filipino 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 Korea ③ If you have been referred to a deportation proceeding in the U.S. ④ If your attempt to change your status to the U.S. Immigration Service is denied for reasons other than insufficient documents, etc. ⑤ If you have stayed in the U.S. illegally in the past (excluding some cases where you became illegally undocumented after entering the country legally)

♥ 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.   Immigration law stipulates that the citizen child must have a certain amount of assets or income. This is because Filipino 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 have to appoint another joint sponsor, or, in some cases, use the Filipino parent's assets to sponsor the child.  

STEP 1. Consult with a lawyer to determine eligibility for a change of permanent resident status.

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 necessary materials and information for your application.

This is the stage where you gather the documents and information required for your permanent residency visa application. You must gather all the necessary information and documents and submit them to our law firm. This process can take anywhere from one week to a month, depending on the client. This stage is also when clients often have the most questions. Our law firm provides prompt and accurate answers directly to your questions, ensuring all your concerns are addressed promptly and completely.

STEP 4. Submit your permanent residency application 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 client will receive a "Post-Submission Information Package" via email. <Information Package Contents> ① What happens after the green card application is received and what the process is like ② Things to keep in mind when moving within the U.S. after applying for a green card ③ How to check the green card process ④ How to apply for a Social Security Number (SSN) The interview is omitted in most cases.

STEP 5. Receive various receipts for permanent residency applications.

After mailing your green card application to USCIS, you will receive a confirmation of receipt within two weeks to two months. This receipt signifies that USCIS has successfully received your green card application and the required fee and is now ready to begin reviewing your documents.

STEP 6. Receive a fingerprint request form.

After receiving the documents, USCIS will mail a fingerprinting request form, called an "ASC Notice," within approximately one month. Applicants for permanent residency must bring their Korean passport and visit the location and time indicated on the form to have their fingerprints taken. Upon completion of the fingerprinting, a stamp will be stamped on the form, so please keep it safe for future reference. The fingerprints will be used to determine the applicant's arrest record in the United States.

STEP 7. Obtain a work permit and travel permit.

Approximately four to eight months after submitting your green card application, you will receive a work permit and advance parole by mail. This single document, similar in size to a driver's license, serves as both a work permit and an advance parole. The work permit and advance parole are issued on a single sheet, approximately the size of a driver's license. After receiving your work permit, you can apply for a Social Security Number (SSN) and begin legally working in the United States.

STEP 8. Receive Permanent Residency Approval

Most applications for permanent residency do not require an interview, and the average process takes about three to six months. In some cases, it can take up to a year, and an interview may be required.