New Orleans, LA asked in Immigration Law for Louisiana

Q: How long does it take to petition a Filipino child under 21? I'm a US Citizen

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1 Lawyer Answer
Karol Dezwager Brown
Karol Dezwager Brown
  • Immigration Law Lawyer
  • Bellevue, WA

A: The minor child of a US citizen is an immediate relative. That means that there is no wait for a visa to become available. If your child is in the United States legally, you can file an I-130 Petition for Alien Relative and an I-485 Application to Adjust Status. This process is currently taking about two years, but varies depending on your processing location.

If your child is in the Philippines, you would file the I-130 Petition. That process is taking about 10 to 12 months. When that petition is approved, it would be sent to the National Visa Center. You would file the DS260 Application and upload documents like the child's birth certificate, passport, and police certificate. The National Visa Center processes the case and transmits it to the US embassy in Manila when it is complete. The embassy will schedule a medical exam and an interview. The embassy will issue an immigrant visa stamp in the child's passport. The child will use that stamp when entering the United States. As soon as the child clears US customs, he or she is a permanent resident of the United States.

An added bonus, if the child is a permanent resident, in the United States, under 18 years old, and in the legal and physical custody of a US citizen, then the child automatically becomes a US citizen. You can apply for their US passport.

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