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Parents & Children Visa

Family Immigration for Parents and Children

Reuniting Families Throughout South Florida

Whether you are a U.S. citizen, a lawful permanent resident (i.e. green card holder), an asylee/refugee, or a victim of human trafficking or other serious crimes, you may be able to sponsor certain family members and reunite in the United States. At The Gaston Law Firm, P.A., we utilize our years of experience and rigorous legal training to end family disunification as soon as possible.


To learn more about bringing your parents, children, or siblings to the United States, contact our family immigration attorney in South Florida at (888) 388-6859 today. We serve Martin County, St. Lucie County, and all surrounding areas.


Bringing Your Children to the U.S.

As a U.S. citizen, you can obtain a green card for your child. If they are unmarried and under 21, they qualify as immediate relatives and will not need to wait in line for a visa. If they are 21 or older and unmarried, they have “first preference,” and if they are married, they have “third preference.” Alternatively, you can obtain a K-3/K-4 visa for the children of your spouse.

As a U.S. citizen, you can also obtain citizenship for your child if they are:

  • Under 18;
  • In your legal and physical custody; AND
  • A lawful permanent resident.

If you are a permanent resident, you can still obtain a green card for your child, but they must be unmarried.

You cannot petition for your child’s green card if you are a refugee or asylee. You can, however, petition for derivative asylee status on behalf of your children, so long as they are unmarried and under 21 when you initially applied for asylum.

Petitioning for Your Parents’ and Children Green Cards

The only way you can petition for permanent residency on behalf of your parents or Children is if you are a U.S. citizen and you are 21 or older.

To petition for your parents, you will use Form I-130. Any other required documentation depends on factors such as where your parents are, whether you were born in or out of wedlock, and whether you are their child by birth, marriage, or adoption. Your parents qualify as immediate relatives, which means they will not have to wait for available visas.

As with your parents, you can petition for your Children by using Form I-130 and submitting proof of your relationship. Eligible children include adopted children, step-children, and half-Children. Unfortunately, children have “fourth preference,” which can significantly increase their wait time.

Other Options for Parents and Children

If you are not a U.S. citizen, you will not be able to bring your parents or children to the U.S. as permanent residents. You may want to explore temporary options such as visitor (B-1/B-2) visas. Additionally, you may be able to bring your parents or Children to the U.S. if you have a T or U Visa.

If you entered the U.S. as a refugee, you may be able to help your parents become asylees as well. Priority 3 (i.e. family reunification) of the United States Refugee Admissions Program allows you to bring your parents to the U.S. as asylees if you are from one of the eligible countries. This list changes each year.

Contact Us to Begin Your Family Reunification Process

At The Gaston Law Firm, P.A., we have helped countless clients reunite with their families in the United States. Each case takes a unique approach and a thorough understanding of ever-changing immigration policies. We can provide the level of skill and commitment that you and your loved ones need and deserve.


Call (888) 388-6859 to get started with an initial consultation today.


What Makes Us Different

  • Award-Winning Representation
    We are members of the American Immigration Lawyers Association and have achieved a perfect 10.0 Superb rating on Avvo!
  • Specialized Experience
    We have an intimate knowledge of immigration laws and process, and our lead attorney has experience as a former prosecutor.
  • Honest & Ethical Counsel
    We stay openly connected to our clients throughout the process, and provide personalized strategies and proactive representation.

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FAQ

Common Answers To Your Questions


  • I’m a foreign national studying in the U.S., can I stay within the country following graduation?
    To stay in the country following graduation, a student will need to obtain an H-1B temporary worker visa. Typically, graduates who work in a specialty field (such as a medical professional or engineer) will be able to obtain this visa with ease. To ensure that this process moves smoothly, it is recommended that students apply for this visa as early as possible to avoid penalties.
  • Can I become a citizen after I am granted permanent residency?
    Yes! If you live in the country for five years as a permanent resident, you will be able to obtain citizenship through naturalization. To be eligible for this, however, you must have been physically living in the country for at least half of those five years – and must not have left for a time period longer than six months.
  • I am looking to adopt a foreign child – how can I make the process as fast as possible?
    For those who are looking into adoption, but have yet to identify the child that they are interested in adopting, it is recommended that they file an Application for Advance Processing of Orphan Petition. This will allow for the portion relating to the approval of the parents to be completed by the time the child is chosen so that the adoption process can be expedited.
  • If I become a citizen, what are the privileges that I will experience?
    There are three primary privileges that citizens can experience. These include being able to vote in local, state and national elections; having the ability to obtain a passport; and sponsoring relatives in their efforts to become a permanent resident.