How Can Families Reunite in the U.S. – and How Can Citizenship Be Passed to the Next Generation?
So, who can petition for whom?
U.S. Citizens:
They can file Green Card petitions for:
Spouse – a relatively fast process (approx. 12 – 18 months).
Unmarried children under 21 – also a fast process.
Children over 21 (married or unmarried) – subject to waiting lines.
Parents – as long as the U.S. citizen is over 21.
Siblings – the wait time can reach 15 – 20 years.
Permanent Residents (Green Card Holders):
They can file petitions for:
Spouse – waiting time of about 2 – 3 years.
Unmarried children – depending on age and country of birth, usually 2 – 5 years.
Important: Permanent residents *cannot* petition for parents or siblings.
What about the children?
U.S. citizenship can be passed from a U.S. citizen parent to their child – but only if the parent has met the physical presence requirement in the U.S. (5 years total, at least 2 of them after age 14).
And if the parent hasn’t met the requirement?
This is where the “Grandparent Rule” comes in – Section 322 of the Immigration and Nationality Act.
If you are:
A U.S. citizen,
Living abroad with your children,
But you haven’t spent enough time in the U.S. to transmit citizenship,
And one of your parents (the child’s grandparent) is a U.S. citizen who
*has* met the physical presence requirement,
➡️ You may be able to apply for your child’s citizenship through the grandparent.
This process is called Form I-600K, and it can grant U.S. citizenship to a child living outside the U.S. – often within just a few months, without going through the Green Card process.
Why is this important now?
Because on Family Day we are reminded that no matter where you are in the world, there may be a legal path to reconnect your family.
We don’t choose our family – but we can bring it back together. ❤️
Attorney Hila Kaplan
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