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Green Card - Family Fourth Preference - Frequently Asked Questions


I am a Lawful Permanent Resident adoptive parent. How do I bring my child, son or daughter to live in the U.S.?

If you are a lawful permanent resident and the adoptive parent of the child or unmarried son or daughter, you must file the following with the U.S. Citizenship and Immigration Services:

  • Form I-130, Petition for Alien Relative
  • A copy of your alien registration receipt card
  • A copy of the child’s birth certificate showing the child’s name
  • A certified copy of the adoption decree (The adoption must have taken place before the child reached the age of 16. One exception: if you adopted the child’s sibling who had not yet reached age 16, the older sibling must have been adopted before reaching the age of 18.)
  • The legal custody decree if you obtained custody of the child before adoption
  • A statement showing the dates and places your child has lived with you, and proof that your child has lived with you and has been in your legal custody for at least two years

Note:If anyone’s name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted.

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Where can I get the forms and fee information?

You may download the Forms using VisaPro’s free fillable forms service.


What happens after I file the petition?

You will be notified by the USCIS if your I-130 petition is approved or denied. If it is approved, your child, son or daughter will be notified by the Department of State when a visa number, if necessary, is available. If your child, son or daughter is outside the country, he or she (or the adult acting for him or her) must then go to the local U.S. consulate to complete visa processing. If your child, son or daughter is legally inside the U.S. when a visa number, if necessary, becomes available, he or she may then apply to adjust to Permanent Resident status.


May I appeal if my petition is denied?

If the Form I-130 visa petition you filed for your child, son or daughter is denied, the denial letter will tell you how to appeal, along with where and when you must file the appeal. After your appeal form and the required fee are processed, the appeal will be referred to the Board of Immigration Appeals.

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