These are the basic steps required by a US Citizen or Legal Permanent Resident of the USA. These steps should be followed as a guideline and not as specific requirements for any given case. Every case is unique and this does not address that uniqueness. This document contains condensed and general information obtained from www.uscis.gov, the primary source of reference for this document.
This information is for United States (U.S.) citizens and lawful permanent residents who wish to petition for or “sponsor” their child to live permanently in the U.S. Please note that “child” has a specific definition when used in immigration.
Petitioning as a U.S. Citizen
If you are a U.S. citizen applying to bring a child or son or daughter to the United States to live and you are the mother of the child, you must file the following with the U.S. Citizenship and Immigration Services:
Form I-130, Petition for Alien Relative
A copy of your birth certificate or U.S. passport
If you were not born in the United States, a copy of either:
your Certificate of Naturalization or Citizenship or
your U.S. passport
A copy of the child’s birth certificate showing your name and the child’s name
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.
Fathers and Stepparents
If you are a U.S. citizen and the father or stepparent of the child or 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 birth certificate or U.S. passport
If you were not born in the U.S., a copy of either:
your Certificate of Naturalization or Citizenship or
your U.S. passport
A copy of the child’s birth certificate showing the child’s name and the names of both parents
A copy of civil marriage certificate showing the names of both parents, or proof that a parent/child relationship exists or existed (if you are petitioning for a stepchild, your marriage to the child’s parent must take place before the stepchild’s 18th birthday)
A copy of any divorce decrees, death certificates, or annulment decrees that establish the termination of any previous marriages entered into by you or your spouse
Fathers petitioning for a child born out of wedlock must provide evidence that a parent/child relationship exists or existed. For example, the child’s birth certificate displaying the father’s name, evidence showing that the father and child at some point lived together, or that the father held out the child as his own, or that he has made financial contributions in support of the child, or that in general his behavior evidenced genuine concern for and interest in the child. A blood test proving paternity may also be necessary.
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.
Adoptive Parents
If you are a U.S. citizen and the adoptive parent of a child or son or daughter who lived with you in your legal custody for two years while a child, you must file the following with the U.S. Citizenship and Immigration Services:
Form I-130, Petition for Alien Relative
A copy of your birth certificate or U.S. passport
If you were not born in the U.S., a copy of either:
your Certificate of Naturalization or Citizenship or
your U.S. passport
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, with only 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
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.
