Obtaining a Green Card in the U.S. through Sponsorship by a Permanent Resident Parent

What is applying for a green card in the United States?

There are cases where Filipino children,  who initially did not intend to apply for a green card,  change their minds and apply for one after entering the United States . This process of changing their legal nonimmigrant status to permanent resident status is called "applying for a green card in the United States." This process is called a green card adjustment.

For example, “My mother, who is a permanent resident, invited me to adjust or change my status from student to permanent resident in the United States.” 

The three-step process.

Step 1  : Request and receive approval from the immigration office to recognize the legal parent-child relationship between one parent and the child. This can be thought of as " request for recognition of parent-child relationship and immigration office approval ."

Step 2  : There's a waiting period , which varies monthly. If your child is under 21, the waiting period is approximately one year. If your child is over 21, the waiting period is approximately five to six years. During this waiting period, you must maintain legal nonimmigrant status in the United States and remain unmarried. Think of it as the "waiting period" where you receive a number at the bank and sit down to wait .

Step 3  : After the waiting period ends, the Filipino child requests to change his/her legal nonimmigrant status to permanent resident status.  

What's the waiting period?

When completing Step 3, if you're over 21 years old under immigration law, USCIS classifies your case as "F2B," which takes longer. If you're under 21, they classify your case as "F2A," which allows you to apply for permanent residency quickly. To check the waiting period for each category, please click the appropriate button below.

Can the waiting period for a green card application be increased or decreased?

Yes. Based on records from the past eight years, the average waiting period has been approximately five to six years. Our law firm provides an estimate of the waiting period during consultations, regularly monitors the waiting period on our clients' behalf, and proactively contacts clients when the waiting period approaches to ensure they don't miss the deadline for applying for a green card. 

Who can sponsor children? 

Under immigration law, children are divided into those under 21 and those 21 or older. Children must be unmarried during the green card application period. Unmarried status must be maintained from the first step, "sponsorship," until receiving a green card. If you marry before receiving a green card after sponsoring a child, you will lose eligibility to apply for a green card. Even if you marry and then divorce after sponsoring a child, you cannot sponsor a child.

However, if you marry and then divorce and then sponsor a child, you will be considered unmarried. If you marry after sponsoring a child and the permanent resident parent has obtained citizenship, the category will change to "Married Child of Citizen Parent Applying for Green Card." This may increase the waiting period.

Age under immigration law  is different from what we think it is. Even if you're actually over 21, you can still be treated as 18 under immigration law. Since the waiting period often extends to five years, waiting until you turn 21 can lead to a change in your category, creating an additional waiting period. To address this, the Child Status Protection Act was created to protect individuals who are over 21 years old, but are legally considered under 21.

Simply put, this method subtracts the time it takes for a petition to be approved from your actual age. For example, if it takes two years for a petition to be approved, even if your actual age is 22, it will be considered 20 under immigration law. This is a common area of ​​error, so please consult with a qualified immigration attorney to confirm your age calculation.

Parent and Child  Qualifications 

Permanent resident parents and Filipino children must meet all of the following qualifications:

♥ One of the parents must be a permanent resident, and the parent does not need to be residing in the United States at the time of the first step, the invitation, but must be residing in the United States at the time of the third step, the application for permanent resident status, after the waiting period.

♥  It must be a legal parent-child relationship recognized by U.S. immigration law. Legal parent-child relationships recognized by U.S. immigration law are ① biological parents (born to married Filipino parents), ② born to unmarried Filipino parents (additional consultation required), ③ stepparent/stepmother, and ④ adoptive parent.

♥ Your Filipino child must not have had any intention of applying 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 U.S. visa they held upon their initial entry. Furthermore, they must wait at least two months after their entry to apply for permanent residency before deciding to apply. For example, if they entered the country on a student visa, they must wait at least two months before applying for permanent residency. If you are interviewed by immigration authorities, they can verify this issue in various ways, so please consult with them to ensure you meet the eligibility requirements. However, if your child entered the country on a certain work visa, this requirement is exempt.

♥ Your Filipino child must not have violated immigration laws. If your Filipino child has violated immigration laws, it may affect their ability to obtain a permanent resident visa. If any of the following apply to your Filipino child, 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.

♥ Your Filipino child must not have a criminal record that could be problematic under immigration law. If you have a prior arrest, please email us with documentation of the arrest so we can review it. You must report any prior arrest, whether in the Philippines, the United States, or anywhere else in the world. While simple traffic violations are not a major issue, fraud, theft, or felonies must be reviewed for immigration issues. Additional attorney fees may apply for review of arrest documentation and for serious criminal convictions.

♥ The permanent resident parent must have the financial ability to sponsor the child. U.S. law requires that a citizen child 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 need 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 your eligibility for permanent residency.

We recommend consulting with an attorney to accurately determine your eligibility for a green card change of status. The fastest and most accurate method of consultation is by phone, and there are various methods available.

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).

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 signs the contract online. ② The customer pays a deposit (50% of the contract amount). (Payment is accepted via check, credit card, Zelle, QuickPay, Gcash 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 application. 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 one month. 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 invitation documents and receive guidance on future procedures and requirements.

The law firm will notify the client by email after mailing the green card invitation to the immigration office.

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. Wait for the waiting period.

After the first step is completed, wait until the waiting period ends.

STEP 7. Gather the necessary documents and information for your permanent residency application.

This is the stage where you gather the documents and information required for your permanent residency application. 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 one month. 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 8. Submit your permanent residency application & receive guidance on future procedures and requirements.

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

<Information package contents> ① What happens after the green card application is received and the process ② Things to be aware of 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 SSN ⑤ Explanation of the reason and purpose of the green card interview ⑥ List of documents to prepare for the interview ⑦ Things to do before the interview ⑧ Sample interview questions ⑨ Things to do and precautions to take during the interview, etc.

STEP 9. Receive your permanent residency application receipt

You will receive a receipt for your application to change your Filipino child's nonimmigrant status (student status) to permanent resident status. This receipt signifies that the USCIS has successfully received the green card application and the required fees and will now begin reviewing the documents.

STEP 10. Obtain a work permit and travel permit.

After submitting your green card application, your work permit and advance parole will be mailed to you three to five months later. 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 11. Receive Permanent Residency Approval

Permanent residency approvals vary widely. And because the approval date is determined by the waiting period, predicting it in advance is nearly impossible; it can only be estimated.

Cost of applying for permanent residency for children

The costs associated with issuing a green card for a child can be categorized into: ① immigration fees, ② health examination fees, ③ attorney fees, ④ postage, and ⑤ additional fees. We specify these costs in the contract, and no additional fees are charged beyond what is stated in the contract.