Minor children and parents will usually have about the same rights with the United States Department of Immigration.

Minor children and parents will usually have about the same rights with the United States Department of Immigration. For example, if the parent is eligible for full U.S. citizenship based on a marriage to a U.S. citizen then the children of the U.S. citizen parent will likely also be eligible to apply for full U.S. citizenship based on the parent's citizen status. There may be some special rules that apply in obtaining a citizenship through that method, but remember, if the special rules apply for the parent then they will likely apply to the minor child's application for citizenship. For example if the U.S. citizen spouse at issue was a permanent U.S. resident prior changing status to full U.S. citizenship then his spouse and his minor children may apply for citizenship based on new citizenship status of the former permanent resident spouse. The spouse and minor children may have to wait five years after being approved for U.S. citizenship based on the new U.S. citizenship of the former permanent resident spouse. There are situations where a three year wait for citizenship is allowed after citizenship is approved for the spouse and minor children and citizenship for the minor children is automatic if they are living with or in the custody of the U.S. citizen parent. There are many rules and many case specific applications of waiting periods and rights but the general overview to take away is that the rights of the immigrating minor child or children are usually similar or the same as the rights of the immigrating or U.S. citizen parent.

Many a spouse or minor child immigrating to the United States would like to obtain a green card so that they can work and earn money to support the family or to attend an educational program that can prepare them to work and support themselves or the family. A foreign national spouse and his or her minor, marital child or children are likely both be eligible to obtain a green card based on a valid marriage to (1) a permanent U.S. resident status spouse, (2) a naturalized U.S. citizen spouse or (3) a native born U.S. citizen spouse. The difference in the processes for obtaining a green card based on a marital or parental relationship green card can be substantial. But again, it may be helpful to remember that there are always lots of exceptions to every rule, and of course, this concept holds true concerning many U.S. immigration rules. Just remember, as a base line understanding, that the rights and responsibilities of the immigrating minor child are likely a mirror image of the rights and responsibilities of his or her immigrating parent.

Please feel free to set up a free initial consultation with Attorney Hendrik Pretorius today to consider your options.