1. The Green Card Application Process for Children of U.S. Citizens or Permanent Residents

There are two scenarios for children of U.S. citizens or permanent residents to apply for immigration petition: 

1) The first scenario is that the child is already in the United States in a nonimmigrant status. In this case, the U.S. citizen or permanent residents may file an immigration petition for the alien child. The child has to wait for the immigrant visa number to become current before he or she may apply to adjust to permanent resident (if not unmarried children under 21 year of age of U.S. citizens). During this waiting period, the child needs to independently maintain a valid nonimmigrant status. 

2) The second scenario is that the child is outside the United States. In this case, the U.S. citizen or permanent residents needs to file an immigration petition and request that the U.S. Citizenship & Immigration Services notify a U.S. Consulate in the country where the child lives. Once the immigration petition is approved and an immigrant visa is available, the National Visa Center of the U.S. State Department sends a forms and information package to the U.S. citizen or permanent residents. After the necessary forms are completed, the child goes to the U.S. Consulate overseas to apply for an immigrant visa. 

As a U.S. citizen parent, you should also be prepared to prove that you meet the income requirement of a sponsor. When your child has been scheduled for an immigrant visa interview with a consular officer overseas, or when your child is about to submit an application for adjustment to permanent resident (Form I-485), you will need to complete an I-864 Affidavit of Support.

2. Get Immigrant Visa at U.S. Embassy or Consulate

For a immediate relative of U.S. citizen, a child who is unmarried and under the age of 21 can get immigrant visa without waiting time. The first step in applying for an immigrant visa is for the U.S. citizen or permanent resident (petitioner) to file an immigrant visa petition with a Service Center of USCIS. Each person immigrating will be required to complete a biographic data form DS-230 Part I. The appointment for the visa interview and medical examination will be scheduled. 

The Immigrant Visa Unit at U.S. embassy or consulate will process the application for an immigrant visa. While no assurance can be given regarding the appointment date of a visa interview, the alien child should prepare for that appointment and obtain the documents required for the visa application. 

When an alien child have obtained all of the required documents and are prepared for the interview, the child should notify U.S. embassy or consulate. The alien child may notify them by mailing to the Immigrant Visa Unit, using form and document checklist. 

3. The Form I-485 Adjustment of Status for Child inside U.S.

The Form I-485 adjustment of status application is for an applicant who is in U.S. already on a non-immigrant visa. If your Form I-130 application has been approved, you can submit Form I-485 to get your Green Card. 

If the eligibility of your I-485 application is based on an immigrant petition, you need to attach a copy of the approval notice for an immigrant petition that makes a visa number immediately available to you. If your eligibility is based on the Form I-130 approval, you need to attach a copy of the Form I-130 approval notice.

The medical examination, endorsed by a civil medical doctor on Form I-693, Medical Examination of Aliens Seeking Adjustment of Status, is a necessary part of the Green Card application process. The examination is submitted in connection with the Form I-485, to ensure that the individual does not have any "communicable diseases of public health significance" or other medical conditions that may pose a danger to the individual or to others. The medical examination includes proof that the foreign national has had vaccinations against a specified list of preventable diseases.

4. The Relationship Requirements to File an Immigration Petition for Adopted Child

In the immigration regulation, a stepmother is actually considered a closer relationship than an adoptive mother. An adoptive relationship must meet more requirements: 

• The child must be adopted before his or her 16th birthday; 

• The adoptive parent or parents must have had legal custody of the adopted child for two years upon filing the immigration petition; and 

• The adopted child must have resided with the petitioner for at least two years before filing the immigration petition.

There is a rationale for treat stepchildren on a more favorable standard than adopted children on immigration petitions. It is primarily fraud prevention. Many U.S. citizens, especially naturalized citizens, have relatives with children in foreign countries. They may intend to bring these children to the US. 

If there are no strict regulations on immigration petitions based on adoptive relationships, many people may take advantage of the system. Although fraudulent activities also happen in marriage-based immigration, it is harder to cheat the USCIS in a marriage relationship than in an adoptive relationship.