I am applying for U.S. Green
Card based on marriage to a U.S. citizen. Can I can include my son from
previous marriage in the immigration process?
If you are applying for U.S.
Green Card (lawful permanent residence) based on marriage to a U.S.
citizen or a U.S. permanent resident, your foreign-born child may be
eligible to obtain green card along with you. This is true whether or
not the foreign-born child is the biological children
of your petitioning spouse.
But the foreign-born child would not get Green Card
automatically. The child will have to go through the same or a very
similar immigration application process as you do. The child will have
to prove that he or she is not inadmissible, and that the child will be
financially supported along with you.
If your child are unmarried and under age 21, he or she will be placed
in the same immigrant category of applicant as you. The result will be
that the child can get a visa or green card at the same time as you do.
If your child is married or over age 21, they may or may not be able to
get an immigrant visa, and any visa they might get will take years
longer than yours to obtain. The eligibility will depend in part on
whether your spouse is a U.S. citizen or a permanent resident.