Bergen County Child Petition Lawyer — How Do You File an I-130?
A child petition under the Immigration and Nationality Act (8 U.S.C. § 1151) allows a U.S. citizen or lawful permanent resident parent to sponsor a child for a green card. Law Offices Of SRIS, P.C. provides experienced representation for Bergen County families handling this process at the USCIS Newark Field Office. Our firm has 4,739+ documented case results with a 93%+ favorable outcome rate.
What Is a Child Petition Under U.S. Immigration Law?
A child petition, filed on Form I-130, Petition for Alien Relative, is the first step for a qualifying parent to establish a legal relationship with a child for immigration purposes. This process is governed by federal statutes, primarily the Immigration and Nationality Act (8 U.S.C. § 1151 et seq.). The petition establishes the parent-child relationship, which is a prerequisite for the child to apply for an immigrant visa or adjustment of status.
Last verified: April 2026 | Superior Court of NJ, Bergen Vicinage | U.S. Citizenship and Immigration Services
Official Government Resources for Child Petitions
Understanding the official process is critical. The primary authority is the U.S. Congress via the Immigration and Nationality Act. For procedural rules and form instructions, refer directly to U.S. Citizenship and Immigration Services (USCIS).
- Form I-130, Petition for Alien Relative (official USCIS page)
- Superior Court of New Jersey, Bergen Vicinage (for related family court matters)
Insider Procedural Edge for Bergen County Filings
Immigration cases for Bergen County residents are processed at the USCIS Newark Field Office. A key local factor is New Jersey’s Immigrant Trust Directive, which limits local law enforcement cooperation with ICE detainers, potentially affecting cases with prior interactions. For a child petition lawyer near me Bergen County, understanding this local context is vital.
- Determine Eligibility: Confirm the petitioner is a U.S. citizen or LPR and the child meets the definition under immigration law (unmarried and under 21, or meets criteria for older children).
- Gather Documentary Evidence: Collect birth certificates, proof of petitioner’s status, marriage certificates (if applicable), and evidence of a bona fide relationship.
- Complete and File Form I-130: File the petition with the correct USCIS lockbox with all supporting documents and the $675 filing fee (as of 2026).
- Respond to USCIS Requests: If USCIS issues an RFE or Notice of Intent to Deny, prepare a timely, full response.
- Proceed to Visa or Adjustment Stage: Upon approval, the case moves to the National Visa Center for consular processing or, if the child is in the U.S., to adjustment of status.
Potential Outcomes and Timelines
In Bergen County, a child petition can lead to a green card, but processing times vary widely based on visa category and the child’s location.
| Petitioner Status | Child’s Category | Typical Processing Timeline | Key Considerations |
|---|---|---|---|
| U.S. Citizen | Unmarried, under 21 (Immediate Relative) | 8-14 months for I-130 approval; visa immediately available | No annual visa limit; child can adjust status if in U.S. legally. |
| U.S. Citizen | Unmarried, 21 or over (F1 Category) | I-130 approval in 8-14 months; visa wait several years | Subject to annual visa quotas; priority date determines place in line. |
| Lawful Permanent Resident | Unmarried, under 21 (F2A Category) | I-130 approval in 8-14 months; visa may be immediately available or have a short wait | Category can be current; child may “age out” if turns 21 before visa available. |
| Lawful Permanent Resident | Unmarried, 21 or over (F2B Category) | I-130 approval in 8-14 months; visa wait several years | Subject to annual visa quotas; petitioner must not naturalize before child obtains visa. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Child Petition
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to immigration cases. Our tagline, “Advocacy Without Borders,” reflects our commitment to families. We understand the stakes of uniting families through the child petition process.
Documented Case Results
Law Offices Of SRIS, P.C. has a firm-wide record of 4,739+ documented case results with over 93% favorable outcomes. While specific counts for Bergen County child petitions are part of our broader immigration practice, our systematic approach to preparing I-130 petitions aims to minimize delays and requests for evidence.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Bergen County Child Petition Lawyer
Our New Jersey location serves clients in Bergen County. We are accessible via I-80, the NJ Turnpike, and Route 17. If you need an affordable child petition lawyer Bergen County, we offer 24/7 phone consultations.
Law Offices Of SRIS, P.C. — New Jersey
44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
By appointment only. 24/7 phone consultations.
Serving: Hackensack, Fort Lee, Teaneck, Paramus, Englewood, Ridgewood, Fair Lawn, Bergenfield, Garfield, Mahwah, Ramsey, Lyndhurst, and surrounding communities.
Child Petition FAQs for Bergen County
What evidence is needed for a child petition?
Yes. You need the child’s birth certificate, proof of your U.S. citizenship or permanent residency, and evidence of a bona fide parent-child relationship (photos, financial support records, correspondence). If the child was born out of wedlock, additional proof of legitimacy may be required.
Can I file a petition for my stepchild?
Yes, if the marriage creating the step-relationship occurred before the child’s 18th birthday. You must provide the marriage certificate and evidence the biological parent is your spouse.
What happens if my child turns 21 during the process?
It depends. The Child Status Protection Act (CSPA) may allow the child’s age to be “frozen” for immigration purposes. Calculating CSPA age is complex and depends on visa availability and petition processing times. An attorney can analyze if your child is protected from aging out.
How long does a child petition take?
For immediate relatives of U.S. citizens, the I-130 processing is currently 8-14 months. For categories with visa quotas (like F1 or F2B), there is an additional wait of several years after I-130 approval for a visa to become available. Total time varies widely.
Where is my Bergen County child petition processed?
I-130 petitions filed by Bergen County residents are processed at the USCIS National Benefits Center, but interviews (if required) and final adjudication for adjustment of status cases are handled at the USCIS Newark Field Office at 970 Broad Street, Newark.
Related Legal Resources
If you are dealing with a child petition, you may also need assistance with other matters:
- New Jersey Immigration Lawyer (State Hub)
- Hunterdon County Immigration Lawyer
- Bergen County Criminal Defense Lawyer
- Learn more about Mr. Sris
- Our New Jersey Location
Last verified: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance regarding your child petition.