Child Immigrants in Durham, NC

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Are you a parent of a child immigrant facing legal challenges in Durham, NC? The process of immigrating to the United States can be a complex and stressful experience, especially for minors. Whether it’s getting legal documentation, dealing with deportation orders, or navigating the education system, child immigrants and their families often face a range of legal issues that require thorough guidance. That’s where an experienced attorney from Diener Law can help.

At Diener Law, we understand the unique challenges that child immigrants face and are dedicated to providing effective legal representation. Our team of skilled attorneys has a deep understanding of the immigration laws and regulations that affect children and their families. With our experience, we can help ensure that your child’s legal rights are protected and that you receive the support and guidance you need to navigate this complex legal landscape.

If you are dealing with a difficult immigration case or need help securing legal documentation for your child, we are here to help. Contact us today to schedule a consultation with one of our experienced attorneys and learn more about how we can assist you and your family.

What is Child Immigration? 

A child immigrant is a person who has immigrated to the United States and is under the age of 18. Child immigrants may come to the United States alone or with their parents, and they may have various immigration statuses, such as refugees, asylums, or undocumented immigrants.

Are There Any Age Restrictions for Child Immigration?

The answer is YES. Child immigration is subject to age restrictions. To qualify for a visa as a “child,” an individual must be under 21 years of age. Once a person reaches the age of 21, they are considered an “adult son or daughter” under U.S. immigration law, and may still be eligible for a visa, but with fewer privileges.

Unfortunately, the visa application process can take a long time, and some individuals who initially met the requirements to be considered a “child” may “age out” before receiving their U.S. immigrant visa. This can pose a significant problem, as the law mandates that the applicant must be younger than 21 at the time their visa or green card is approved. As a result, some individuals who have aged out may face difficulties in obtaining legal immigration status in the United States.

Do Married People No Longer Qualify as “Children” Under U.S Immigration Law?

The answer is YES. Married individuals are generally not considered “children” under U.S. immigration law. This means that any “child” who is sponsored for a green card under the “children” category by a parent who is a U.S. citizen or lawful permanent resident must be unmarried.

If the sponsoring parent is a U.S. citizen, their married sons and daughters may still be eligible for an immigrant visa. However, they do not enjoy the same preferential treatment as unmarried “children,” and their applications often face longer processing times.

Children who are applying for a U.S. immigrant visa and are considering marriage should be aware of the implications that marriage may have on their immigration status. In many cases, getting married may disqualify them from being considered a “child” for immigration purposes and may impact their eligibility for a green card. It is essential to seek the advice of a qualified immigration attorney before making any decisions regarding marriage and immigration.

Can My Legal Relationship with My Child Affect the Immigration Procedure?

The answer is YES. It can be difficult and complicated to deal with the many legal requirements and processes involved in immigration to the United States. The legal relationship a parent has with their child can greatly affect their ability to get the appropriate visas and approvals for them to immigrate and bring their children with them.

This section will cover the various types of ties between parents and their children, as well as how each of these relationships may impact the immigration process.

  • Biological Children: If you are the biological parent of a child who is a U.S. citizen or a lawful permanent resident (LPR), you may be eligible for family-based immigration. This can include sponsorship for a green card, which would allow you to live and work in the U.S.
  • Adopted Children: If you have legally adopted a child, you may also be eligible for family-based immigration. However, there are some additional requirements that you will need to meet, such as providing evidence of the adoption and demonstrating that the adoption was in the best interest of the child.
  • Stepchildren: If you have a stepchild who is a U.S. citizen or an LPR, you may be eligible for immigration benefits if you can show that you have a bona fide parent-child relationship with the child. This can include providing evidence of financial support, involvement in the child’s education and upbringing, and a close emotional bond.
  • Legal Custody: If you have legal custody of a child, you may be able to use this relationship to apply for immigration benefits. However, the rules around legal custody can be complex, and it’s important to work with an experienced immigration attorney to understand your options.
  • Children Born in Wedlock: The least complicated, most readily recognized, and the proven parent-child relationship is when the potential visa applicant’s mother was married to the father at the time of birth. In this case, the person is the “child” of the mother and of the father until reaching the age of 21 or getting married. This is true even if the mother and father divorce after the child is born.
  • Children Born Out of Wedlock: If the natural father and natural mother were not married at the time of birth, the person is a “child” of the natural mother automatically, and is a “child” of the father if the father has or had a bona fide parent-child relationship with the child.
  • If you are facing immigration issues and have questions about your legal options, it’s important to work with an experienced attorney who can help you understand the process. Call us today! 

What are the Requirements for Child Immigration?

Child immigration to the United States is a complex and often difficult process. There are many requirements that must be met before a child can legally immigrate to the United States. Here are some of the key requirements:

  • Qualifying Relationship: The child must have a qualifying relationship with a U.S. citizen or lawful permanent resident. Qualifying relationships include being the child of a U.S. citizen or lawful permanent resident, being the stepchild of a U.S. citizen or lawful permanent resident, being adopted by a U.S. citizen or lawful permanent resident, or being the sibling of a U.S. citizen or lawful permanent resident.
  • Petition for Alien Relative: The U.S. citizen or lawful permanent resident must file a Petition for Alien Relative (Form I-130) on behalf of the child. This form establishes the qualifying relationship and begins the process of getting a visa for the child.
  • Visa Availability: The child must wait for a visa to become available. The availability of visas is determined by the U.S. Department of State and is based on a variety of factors, including the child’s country of origin and the category of visa being sought.
  • Immigrant Visa Application: Once a visa becomes available, the child must apply for an immigrant visa. This process involves submitting a variety of forms and supporting documents, as well as attending an interview at a U.S. embassy or consulate in the child’s home country.
  • Medical Examination: The child must undergo a medical examination to ensure that he or she does not have any medical conditions that would pose a danger to public health in the United States.
  • Background Check: The child must undergo a background check to ensure that he or she does not have a criminal history or pose a threat to national security.
  • Consular Processing: Once the immigrant visa application is approved, the child will be granted a visa and can travel to the United States. At this point, the child will undergo additional processing at a U.S. port of entry and will be granted legal permanent residency.

The process of immigrating a child to the United States can be complex and time-consuming. Working with an experienced immigration attorney can help ensure that all requirements are met and that the process goes as smoothly as possible. Contact us today! 

Why Do I Need a Child Immigrants Attorney in Durham, NC?

You may be facing a range of legal challenges that can be difficult to navigate without the help of an experienced attorney. Some of the reasons why you may need a child immigrants attorney in Durham are:

  • Immigration law can be complex: Immigration law is complex and constantly changing, making it difficult to keep up with the latest regulations and requirements. A child immigrants attorney in Durham can help you understand the laws and regulations that apply to your child’s situation, and guide you through the process of obtaining legal status.
  • Protect your rights: As a child immigrant, your child has rights that must be protected. An attorney can help you understand your child’s rights and make sure they are not violated.
  • Avoid mistakes: The immigration process is full of potential pitfalls and mistakes that can lead to delays, denials, or even deportation. An attorney can help you avoid these mistakes and ensure that your child’s case is handled properly.
  • Increase your child’s chances of success: With an attorney by your side, you are more likely to have a successful outcome in your child’s immigration case. An experienced attorney can help you present your child’s case in the best possible light and increase your child’s chances of being granted legal status.

Call Our Child Immigration Attorney in Durham, NC Now!

Dealing with immigration authorities and navigating the legal system can be a complex and challenging process, but you don’t have to face it alone.

At Diener Law, our team of experienced immigration attorneys has a deep understanding of the laws and regulations surrounding child immigration in Durham. We can help you understand your rights, evaluate your options, and develop a strong legal strategy to protect your interests.

Our attorneys have extensive experience in handling child immigration cases, and we are committed to providing personalized and effective representation to each of our clients. We also offer other immigration-related services, including visas, green cards, and citizenship. We also offer personal injury services to clients throughout the Durham area. 

Even though you may have been informed that you do not meet the requirements for legal status in the United States, there are other immigration options that you are unaware of. To find out what immigration alternatives are open to you, use our unique Free Immigration Solution Finder. Checking to determine if you might already be eligible for legal U.S. status only takes a couple of minutes! 

If you’re facing a child immigration issue, don’t hesitate to reach out to us today. Our team is standing by to provide you with the support, guidance, and representation you need to navigate this challenging time. Contact us now to schedule a consultation and learn more about how we can help!

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