I have a daughter 3 years old, US citizen. how can i apply for a green card?

Question

i understand that since she is a minor, we fall in the third priority family category which means it will take a long long time before we can actually get green card. is there another shorter way of doing it? help willbe appreciated.

Answer 1

You fall into no category right now.

When your daughter is 21 years of age she will be able to file an immigration petition for you.  Until that time you have no status of any kind unless you manage to latch onto a visa.

Answer 2

Your daughter may have been born in the US, but she has a right to citizenship in her parents' country of citizenship.  

If you are here illegally, she cannot sponsor you for immigration.  There is no way to legalize an illegal alien.  You must depart and you will be barred from re-entry. The length of time for the bar depends on how long you have remained in violation of immigration laws.

If you are here on a non-immigration class visa, such as student or temporary employment pass, you are not eligible for change of status to any type of immigration-class visa.  A condition of these visas, such as student or temporary worker, is that you will return to your own country before it expires.

If you are eligible for a change of status to an immigration-class visa, your daughter cannot sponsor until she over 21 and has sufficient income and assets to support you and guarantee a $30,000 bond.  You cannot apply for change of status until you have a sponsor.

It is extremely unlikely that you can remain in the US legally for over 18 years while waiting until your daughter can sponsor you.  And if violate any immigration laws meanwhile, you will be deported and barred from re-entry.  

The solution is to return to your own country prior to any visa expiration.  Get your daughter a passport for your own country -- she is entitled to citizenship in your country, and you can take her home with you without any immigration hassles.  Then, after she turns 21, she can return to the US, and if she qualifies as a sponsor, she can sponsor your immigration application.

Answer 3

There is no quick road to obtaining it.

Answer 4

A US citizen may apply for his or her parent(s) to immigrate to the US and apply for permanent residence when s/he reaches the age of 21.

Other than that you don't have a basis for applying for a green card just because your daughter is a US citizen.

Answer 5

Since the immigration laws are being interpreted differently and some say there are no laws,your daughters citizenship may be questionable.

Is the other parent a U.S. citizen?

The U.S. Supreme Court ruled years ago that minor children  (even if both parents are U.S. citizens) are not citizens of the U.S. until they reach the age of majority.

International laws and treaties used to determine citizenship of minors,however it seems like all it takes now is giving birth and claiming the child to be a U.S. citizen.

You may be able to apply for an immigration visa and follow the requirements for U.S. citizenship (used to be that you had to live in the U.S. for 7 years,speak read and write english well enough to understand a conversation,learn some history and a few other things).

Answer 6

She has to be 21 year of age to petition for the parents for green card. Then you would be Unlimited Family Based.

http://travel.state.gov/visa/immigrants/...

http://www.uscis.gov/portal/site/uscis/m...

So you have to wait until your daughter becomes 21 years of age. You may look for Employment Sponsorship which will take somewhere from 3 years to 8 years. Good luck!