A child applying for a derivative green card must provide key documents including a valid birth certificate to establish the parent-child relationship, a copy of the primary applicant's green card or proof of their lawful status, and the child's passport. Other essential documents include evidence of the child's legal entry into the United States, such as an I-94 arrival/departure record, and any court orders related to custody if applicable. Medical examination records and proof of vaccination are also required to meet health standards set by USCIS.
What Documents Does a Child Need for a Derivative Green Card Application?
| Number | Name | Description |
|---|---|---|
| 1 | Birth Certificate Consular Report | A child applying for a derivative green card must submit a birth certificate as primary proof of parentage and identity, along with a Consular Report of Birth Abroad (CRBA) if applicable, to establish U.S. citizenship or eligibility through parental status. These documents are critical for verifying the child's relationship to the primary applicant and ensuring compliance with U.S. immigration requirements. |
| 2 | Form I-797 Approval Notice | A child applying for a derivative green card must include the Form I-797 Approval Notice as critical evidence to verify the principal applicant's approved petition status. This document confirms the USCIS approval and serves as proof of eligibility for derivative status in the immigration process. |
| 3 | Child Status Protection Act (CSPA) Evidence | A child applying for a derivative green card must submit proof of eligibility under the Child Status Protection Act (CSPA), including the child's birth certificate to establish relationship and date of birth, the principal applicant's approval notice, and USCIS calculation of the child's CSPA age to demonstrate they meet age requirements despite visa backlogs. Other critical documents include a valid passport, medical examination report, and Form I-485 receipt or approval notice for adjustment of status. |
| 4 | DNA Relationship Testing Results | DNA relationship testing results are critical when applying for a derivative green card for a child, serving as primary evidence to verify the biological connection to the sponsoring parent. These test results must be conducted by an accredited laboratory and included with other required documents such as the child's birth certificate, passport, and proof of the parent's immigration status to satisfy USCIS requirements. |
| 5 | Legal Guardianship Decree | A Legal Guardianship Decree is essential for a child's derivative green card application as it proves the guardian's legal authority to act on behalf of the child, ensuring immigration officials recognize the guardian relationship. This document must be an official court-issued record that clearly outlines the appointment and responsibilities of the legal guardian. |
| 6 | Derivative Beneficiary Eligibility Letter | A Derivative Beneficiary Eligibility Letter is essential for a child's derivative green card application as it verifies the child's eligibility to obtain permanent residency through the primary applicant. This letter, issued by the U.S. Citizenship and Immigration Services (USCIS), must be submitted alongside the child's birth certificate and proof of relationship to the primary applicant to ensure proper processing. |
| 7 | Certified Adoption Judgment | A Certified Adoption Judgment is a crucial document for a child's derivative green card application as it legally establishes the parental relationship necessary for immigration benefits. USCIS requires this certified court order to verify that the adoption is finalized and meets all legal standards under U.S. immigration law. |
| 8 | Immunization-Compliance Records | Children applying for a derivative green card must provide up-to-date immunization-compliance records to meet USCIS health requirements. These records should include documented vaccinations following the CDC's recommended immunization schedule to ensure eligibility for adjustment of status. |
| 9 | Continuous Residency Proof | A child applying for a derivative green card must provide continuous residency proof such as school records, medical records, or lease agreements showing uninterrupted presence in the United States. These documents are crucial to demonstrate compliance with immigration requirements and support the child's eligibility for permanent residency. |
| 10 | USCIS Notice of Action for Derivative Applicants | A child applying for a derivative green card must submit the USCIS Notice of Action (Form I-797), which serves as proof of receipt and ongoing processing of the principal applicant's petition. This official document verifies the child's eligibility to be included as a derivative applicant and is essential for establishing eligibility in the green card application process. |
Overview of Derivative Green Card for Children
A derivative green card allows children to obtain lawful permanent resident status through their parents' immigration applications. It is essential for children to submit accurate documentation to support their eligibility.
- Proof of Relationship - Documents such as birth certificates or adoption papers are required to establish the parent-child relationship.
- Parental Green Card Application - A copy of the parent's approved or pending green card petition must be included as evidence.
- Child's Identification - Valid passports or identification cards are necessary to verify the child's identity and nationality.
Definition of Eligible Children under U.S. Immigration Law
Under U.S. immigration law, eligible children for a derivative green card are typically unmarried individuals under the age of 21 who are dependent on a primary green card applicant or principal immigrant. These children qualify for immigration benefits based on their relationship to the principal applicant.
For a derivative green card application, necessary documents often include the child's birth certificate to prove the parent-child relationship, a valid passport, and proof of the principal applicant's green card or immigration status. Additional papers may consist of adoption certificates if applicable, and evidence of the child's unmarried status. Accurate and complete documentation ensures the child's eligibility and smooth processing of the green card application.
Age and Relationship Requirements for Derivative Applicants
What documents does a child need for a derivative green card application focusing on age and relationship requirements? A child must provide proof of their biological or legal relationship to the primary green card applicant. Age verification documents such as a birth certificate are essential to establish eligibility as a derivative applicant under 21 years old.
Required Identity and Relationship Documentation
When applying for a derivative green card for a child, specific identity and relationship documents are essential to establish eligibility. These documents verify the child's identity and confirm the familial relationship to the primary green card applicant.
- Birth Certificate - A certified copy showing the child's full name, date of birth, and parents' names verifies parentage and identity.
- Passport or Travel Document - Provides official proof of the child's identity and nationality important for immigration processing.
- Proof of Relationship to Principal Applicant - Legal documentation such as adoption decrees or custody agreements supports the qualifying relationship required for derivative status.
Submitting accurate and complete identity and relationship documents helps ensure timely and successful processing of a child's derivative green card application.
Birth Certificate and Adoption Papers Guidelines
| Document | Purpose | Guidelines |
|---|---|---|
| Birth Certificate | Proof of Child's Relationship to Principal Applicant | The birth certificate must clearly list the child's full name, date of birth, and parent(s) names. It should be an official government-issued document. If the birth certificate is not in English, submit a certified translation along with the original. |
| Adoption Papers | Proof of Legal Adoption for Eligibility | Submit finalized adoption decrees or legal documents confirming the child's adoption. These must be issued by a competent court or government agency. Documents require certified English translations if originally in another language. |
Proof of Parent’s Lawful Permanent Resident Status
Proof of a parent's lawful permanent resident status is essential for a child's derivative green card application. Acceptable documents include the parent's valid green card (Form I-551), passport with an immigrant visa, or an official USCIS notice confirming permanent resident status. You must submit clear copies of these documents to establish the child's eligibility in the application process.
Additional Supporting Documents for Special Cases
Children applying for a derivative green card must submit standard documents such as a birth certificate and proof of the principal applicant's status. Special cases require additional supporting documents to verify eligibility and identity.
For adopted children, an official adoption decree and custody proof are necessary to establish legal guardianship. Children with name changes must provide court orders or affidavits confirming the change to ensure consistency in identity verification.
Completing Form I-485 for Child Derivative Applicants
When applying for a derivative green card for a child, completing Form I-485 is essential to adjust their status. Required documents include the child's birth certificate, proof of the principal applicant's lawful status, and evidence of the parent-child relationship. Additional supporting materials such as the child's passport and medical examination report must also be submitted to USCIS.
Common Pitfalls and How to Avoid Application Delays
Applying for a derivative green card for a child requires submitting specific documents to prove eligibility and relationship. Missing or incorrect documentation often causes processing delays.
- Birth Certificate - Provides proof of the parent-child relationship and must be an official, certified copy.
- Parent's Green Card or Immigration Status Proof - Validates the principal applicant's status to establish eligibility for the child.
- Completed Form I-485 and Supporting Evidence - Includes medical exam results and identity documents to avoid application rejection or delay.
What Documents Does a Child Need for a Derivative Green Card Application? Infographic
