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Family law obstacles may arise when bringing a child to the US

Posted by Saul Steinberg | Jan 22, 2018 | 0 Comments

For many New Jersey immigrants, the day they obtained their green cards was a highlight in their emigration journeys. Some arrived in this state with dreams of starting their own businesses. Others simply wanted to put down roots and raise their families here. No two stories are exactly the same, although many have similarities. A high priority for those who are parents intersects family law because it involves bringing children from other countries to live in the United States.

As a legal permanent resident, a parent is able to petition to bring a child or children to live in the U.S. if all necessary requirements for application eligibility are met. The legal definition of ‘child' in such cases is that a son or daughter be unmarried and under age 21. However, there are exceptions to the rule for children who are over age 21 but are unmarried. A green-card holding parent may also petition on their behalves as well as their own children, if they have any.

There are particular forms to complete and filing fees that must be satisfied before a petition can be submitted. The parent filing the petition will also need to provide proof of their lawful permanent resident status. Generally, submitting front and back copies of a green card or stamped passport  that proves permanent U.S. residency will suffice.

Filing a petition to bring a child or children to live in the United States can be a very complicated family law and immigration process. Most New Jersey immigrants seek guidance from experienced immigrant advocates, such as attorneys who are well versed in both family law and immigration regulations. Going it alone in court is permissible though not recommended as failure to understand any part of the process may result in significant delays or denial of a petition.

Source: FindLaw, “Bringing Children of Permanent Residents into the U.S.“, Accessed on Jan. 21, 2018

About the Author

Saul Steinberg

Saul J. Steinberg was born and raised in Camden, NJ. He has practiced in Camden County since first being admitted to the bar. Since 1990, he has also handled cases in Southeastern Pennsylvania.The emphasis of Saul's practice is in Criminal and Civil litigation. He has handled major criminal and c...

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