Is Immigrating to the United States Easier or Harder When Children Are Involved? 

 Posted on August 13, 2023 in Immigration

The decision to immigrate to the United States is often driven by a desire to build a better life for oneself and one's children. However, the question of whether immigrating to the United States is easy or hard becomes more complex when children are involved. Today, we will explore some factors that can impact the immigration process when children are part of the equation. If you and your family are looking to move to the United States, contact an immigration attorney today to ensure your and your family's rights can be protected throughout the immigration process.

Family-Based Immigration

One of the primary pathways for immigration to the United States is through family-based immigration. In this context, having children can influence the immigration process in several ways:

• Additional visa categories – Children of U.S. citizens who are under the age of 21 may be eligible for immediate relative visas, such as the IR-2 (child of U.S. citizen) visa. This can streamline the immigration process and expedite their entry into the United States.

• Sponsorship responsibilities – When sponsoring relatives, including children, sponsors must meet specific financial requirements to show they can support the immigrant. This can mean providing evidence of income or assets to meet the minimum income threshold.

• Child-specific documentation – The immigration process for children may require additional documentation, such as proof of parentage, birth certificates, and content forms from non-accompanying parents. Obtaining these documents can add complexity and time to the overall process.

• Age and immigrant category – The children's age and relationship to the sponsoring parent can impact their eligibility for certain immigrant visa categories. Age restrictions may apply, and certain categories may prioritize immediate relatives over other family members. 

Impact on Application Processing

The inclusion of children can have both advantages and disadvantages, including:

• Delays in processing – The involvement of children often means additional paperwork, background checks, and medical examinations. These requirements can potentially lead to delays in processing times, especially if there are issues with obtaining necessary documents or navigating complex eligibility criteria.

• Sheltered status – Immigration laws provide protections for immigrant children, such as the Deferred Action for Childhood Arrivals (DACA) program. These protections can offer temporary relief from deportation, allowing children to study and work in the United States.

• Family unity – The presence of children may be seen as a positive factor, emphasizing the importance of family unity and potentially contributing to a more favorable assessment by immigration authorities. 

Contact a Dallas, TX Immigration Lawyer

For the best legal representation, contact the distinguished Plano, Texas immigration attorney with Law Office of Jae Lee. Call 214-295-3014 for a free consultation. 

Source - https://www.uscis.gov/adoption/bringing-your-internationally-adopted-child-to-the-united-states/before-your-child-immigrates-to-the-united-states