ALLAN WERNICK: Only ‘preference’ green card applicants can bring kids along when immigrating

Q. How can I get my 10-year-old daughter here? I got permanent residence based on a petition filed by my U.S. citizen daughter. I brought my younger daughter with me to my visa interview, but she didn’t get through. The consular officer said I had to petition for this daughter separately. What is the law on this?

B.Z., the Bronx

A. Due to a quirk in the law, only “preference” green card applicants can bring their children with them when immigrating. Your child didn’t qualify to come with you because you immigrated in the Immediate Relative of a U.S. Citizen category.

The category provides lots of benefits for the parent, spouse and unmarried children under 21 of U.S. citizens, but doesn’t allow immigrants to bring their children with them. The U.S. consul had no choice but to deny your younger daughter an immigrant visa. Beyond petitioning for your daughter, your only other hope is to try to get her permission to come here under the humanitarian parole program.

For more information, check the USCIS web page on this topic, bit.ly/38LPeqr. Getting humanitarian parole is difficult. You’ll need to show special reasons why your daughter can’t simply wait to get an immigrant visa based on your petition.

Q. How can I get U.S. citizenship for my adopted nephew? I adopted my nephew two years ago. He is now age 13 and he recently arrived on a visitor’s visa. I recently applied for citizenship, and I hope that U.S. Citizenship and Immigration Services will naturalize me soon. If my nephew overstays, can he still get permanent residence? What about U.S. citizenship?

M. Njako, Irving, Texas

A. Once your adopted nephew has been living with you for two years, you can petition to make him a permanent resident. The fact that he overstayed as a visitor will not impact his right to get permanent residence. If he gets permanent residence and you get U.S. citizenship both before he turns 18, he’ll become a U.S. citizen automatically.

My guess is that it will take you less than six months for you to get naturalized and another 18 months for your adopted child to get permanent residence. Once the USCIS approves his permanent residence application, he can immediately apply for a U.S. passport.

Allan Wernick is an attorney and Senior Legal Advisor to City University of New York’s Citizenship Now! project. Email questions and comments @allanwernick.com. Follow him on Twitter @awernick