New Jersey Child Petition Lawyer — How Do You Petition for Your Child?
A child petition (Form I-130) is the first step for a U.S. citizen or lawful permanent resident parent to sponsor their child for a green card. As a New Jersey child petition lawyer, Law Offices Of SRIS, P.C. handles these family-based immigration cases.
What Is a Child Petition Under U.S. Immigration Law?
A child petition, officially Form I-130, Petition for Alien Relative, is filed by a qualifying U.S. citizen or green card holder to establish their relationship with a child for immigration purposes. This is the foundational step in the family-based immigration process. The petition proves the parent-child relationship to U.S. Citizenship and Immigration Services (USCIS). Once approved, the child may apply for an immigrant visa or adjust their status, depending on their location and eligibility.
Last verified: April 2026 | U.S. Citizenship and Immigration Services (USCIS) | USCIS official website
Law Offices Of SRIS, P.C., founded in 1997, has extensive experience in family-based immigration. Our lead immigration attorney, Mr. Sris, brings a strategic approach to these cases, understanding the documentation required and the importance of timely, accurate filing to avoid delays.
Official Immigration Resources
For the official forms and instructions, visit the USCIS I-130 page. To check visa bulletin dates which dictate when a child can apply for a visa, refer to the U.S. Department of State Visa Bulletin.
The Child Petition Process in New Jersey
Filing a child petition involves precise steps. A common issue is proving a parent-child relationship, especially with adopted children or stepchildren, where specific legal conditions must be met before the petition can be filed. An experienced New Jersey child petition lawyer can identify potential evidence gaps early.
- Determine Eligibility: Confirm you are a U.S. citizen or LPR and that your child meets the definition of a “child” under immigration law (unmarried and under 21, or meets criteria for an older child).
- Gather Documentation: Collect the child’s birth certificate, your proof of citizenship or status, marriage certificates (if applicable), and evidence of legal adoption or legitimation if needed.
- Complete and File Form I-130: Accurately complete the petition and submit it with the correct fee to the designated USCIS lockbox. An immigration attorney can ensure the form is filled out correctly to prevent processing delays.
- Respond to USCIS Requests: If USCIS issues a Request for Evidence (RFE), provide the requested documentation promptly and thoroughly.
- Await Petition Approval: After approval, the case moves to the National Visa Center (if the child is abroad) or the child can file for adjustment of status in the U.S. (if eligible).
Why Choose Our Firm for Your Child Petition
Our firm was founded on the principle of providing dedicated legal representation. With over 120 years of combined attorney experience, we focus on the details of your case. We understand that a child petition is more than paperwork—it’s about family reunification. Our team works to prepare a strong petition and guide you through the next phases of the process.
Case Results in Family-Based Immigration
Law Offices Of SRIS, P.C. has a documented history of successful outcomes in family-based immigration cases. Our approach focuses on meticulous preparation and understanding of USCIS adjudication trends.
Results may vary. Prior results do not aim for a similar outcome.
New Jersey Child Petition Lawyer Near You
Our New Jersey location serves clients across the state. We offer 24/7 phone consultations for your convenience.
Law Offices Of SRIS, P.C.
44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003 | Local: (732) 314-8117
By appointment only.
Meetings at our Tinton Falls location are by appointment only. We are accessible to families throughout New Jersey.
Frequently Asked Questions
What is the difference between a child petition for a U.S. citizen vs. a green card holder?
Yes, there is a major difference. A U.S. citizen can petition for an unmarried child under 21 (immediate relative—no wait) or an unmarried child over 21 (family preference—wait). A green card holder can only petition for an unmarried child of any age (family preference—always a wait), and the child loses eligibility if the parent naturalizes after filing but before visa issuance.
Can I petition for my stepchild?
Yes, but specific rules apply. The marriage creating the step-relationship must have occurred before the child’s 18th birthday. You must also have legal custody of the child. An immigration consultation can review your marriage certificate and the child’s birth date to confirm eligibility before filing.
How long does it take for a child petition to be approved?
It depends on USCIS processing times, which vary by service center. Currently, I-130 processing can take several months to over a year. After approval, the wait for a visa number depends on the child’s category and country of chargeability, as shown in the monthly Visa Bulletin. A visa lawyer can provide current estimates.
What happens after the I-130 petition is approved?
If the child is outside the U.S., the case goes to the National Visa Center for consular processing. If the child is inside the U.S. and eligible, they may file Form I-485 to adjust status. The next steps involve additional forms, fees, medical exams, and interviews. Our firm provides immigration help to handle this entire process.
What if my child ages out (turns 21) during the process?
The Child Status Protection Act (CSPA) may protect your child from aging out. It calculates a CSPA age using a formula based on the visa availability date and petition pending time. Determining CSPA eligibility is complex and requires careful calculation by an experienced New Jersey child petition lawyer.
Last verified: April 2026. Immigration law and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance specific to your case.
Under N.J. Stat. § 14A:1-1, state law governs this practice area.