Immigrating to the United States with children is exciting and stressful. If you’re unfamiliar with U.S. immigration laws, the process can also be frightening and frustrating. Navigating the many complexities of child immigration to the US can leave you drowning in a massive sea of neverending paperwork.
Whether you’re planning on immigrating to the US with your family or are already in the country, here’s what you need to know about the immigration process.
Which Type of Visa Should You Apply For
Before you become a U.S. citizen, this is a whole other process; you must decide on the type of visa. These visas are designed for families or children with sponsors in the United States, and there are two types to choose from.
IR-2 Child Visa
Parents of children living in another country can apply for an IR-2 child visa. The parent must be a U.S. citizen, and the child cannot currently hold a green card. The child also must be under the age of 21 and not married.
You can apply for the visa through the immigration office or at the US Embassy in the child’s country of origin. This visa also applies to U.S. parents looking to adopt a child from a foreign country.
K-2 Visa
When a U.S. citizen is engaged to someone with a child living in another country, going through the K-2 visa process may be appropriate. K-2 and K-1 visas are linked, and the same rules apply—the child cannot be over 21 years of age and must be unmarried. The primary difference between the two types of visas is the parents’ marital and legal status.
What About DACA
DACA, or Deferred Action for Childhood Arrivals, is a separate program from the visa application process. While DACA does not grant citizenship to children illegally entering the United States, it does offer some protection and benefits.
Under DACA, children who entered the United States illegally can obtain work permits, driver’s licenses, and even social security numbers. However, as of 2021, the program is no longer accepting applicants due to a ruling by the Federal courts.
A Closer Look at the Immigration Process for Families
Applying for a family visa when you’re immigrating with children is more complicated than filling out a few forms. There are some steps you must take and some specific documents you need to submit.
Proving Your Income
You don’t need to currently hold a job in either the United States or the country you’re immigrating from. However, you will need to prove you can support your family in the U.S. Typically, this falls to the sponsor in the United States.
Some of the necessary documents can include submitting tax returns and paycheck stubs. For families without a US sponsor, they may be required to submit proof of employment in the country where they currently hold citizenship. Your previous income should meet the minimum amount necessary to support your family, and the amount varies based on the size of your family and the country you’re coming from.
All Family Members are Required to Submit Documents
This part of the immigration process can be more frustrating than proving your ability to provide for your family. If you’re married and immigrating with your spouse, a copy of your marriage certificate is required. You will also need to supply birth certificates for everyone in your family, including your children.
Sometimes, finding a copy of a child’s birth certificate is next to impossible, especially in countries dealing with internal conflicts. Some poorer nations can also be more lax about keeping birth records.
Don’t worry if you cannot produce your child’s birth certificate; the parent or sponsor can still start the immigration process. If obtaining a copy of the birth certificate isn’t possible, you can also submit a baptism record, census record, or a document from your country’s government indicating your child’s birth occurred on their soil.
Getting Ready for the Medical Exam
Before you can successfully immigrate to the United States, everyone in your family must go through a standard medical exam, which includes all children, including infants and newborns.
You will see either a civil or panel surgeon for the medical exam, who performs the exam for families already in the United States. If you’re still in the country you are immigrating from, your exam is performed by a panel surgeon, who is simply a doctor in your country who’s authorized to perform exams for immigration by the U.S. State Department.
Why do you and your family need to undergo a medical exam? The medical exam ensures there are no underlying health conditions that can prevent the individual from legally entering the United States.
What should you expect from the exam? The physician will review your medical history and immunization records. After that, a complete physical and mental health screening is next. You should expect to be screened for alcohol and drugs; even a positive alcohol test can make you ineligible for legal entry into the United States.
You should also expect at least one x-ray, and testing for contagious and non-contagious viruses and illnesses is also part of the medical screening process.
Tips on Traveling Safely to the United States with Children
Sometimes, a situation demands a family with children to leave their country suddenly without going through the visa process. You can still immigrate legally, only you may be waiting in a facility until your visa goes through.
If you do travel into the country without visa approval, make sure to go through one of the border checkpoints. After all, you don’t want to risk the safety of children by crossing into the country illegally. Furthermore, if you do, your family may also be separated until a sponsor is found or your visa is approved.
Visa approval can take a while, but once it’s given you typically have six months to enter the United States. For additional safety tips on immigrating with children, the Department of Homeland Security has some helpful advice to help.
Immigrating To The U.S. with Children is Possible
Navigating the many complicated immigration laws for children and adults takes a lot of time and patience. Take your time, make sure you have all your paperwork in order, and be willing to answer some important questions.
As long as everything’s in order—and before you know it—you and your family will be living in the United States. We wish you all the best in your journey of pursuing the American dream.
