Q: How long does it take to petition a Filipino child under 21? I'm a US Citizen
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.
Hope this helps! Contact us at info@world1law.com if you would like a consultation or assistance with this case. We offer flat fee services and payment plans.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
