Welcome to our comprehensive guide on U.S. immigration for families. If you're planning to move to the U.S. with your children, this guide is designed to help you navigate the process smoothly and efficiently. We understand that the process can be overwhelming, especially when children are involved. That's why we've gathered all the essential information you need, from visa options and application costs to settling in the U.S. and navigating the school system. 

This guide is primarily intended for families planning to immigrate to the U.S., but it can also be a useful resource for immigration attorneys, advisors, or anyone seeking to understand the U.S. immigration process for families. We hope this guide will help ease your transition and provide you with the resources you need to start your new life in the U.S. Let's get started.

When planning your move to the U.S., the first step is to understand the different [visa options available for families](/immigration-resources/change-status-f1-green-card-marriage-guide). There are several types of visas that families can apply for, but the most common ones are the IR-2 Child Visas and K-2 Visas.

The IR-2 visa is for unmarried children under the age of 21 of a U.S. citizen. If you are a U.S. citizen and your child lives abroad, you can apply for an IR-2 visa for your child. The process involves filing a petition with [U.S. Citizenship and Immigration Services (USCIS)](/immigration-resources/uscis-processing-times-guide), and once the petition is approved, your child can apply for a visa at a U.S. embassy or consulate in their home country.

The K-2 visa is for the children of a K-1 visa holder. If you are applying for a K-1 visa (also known as a fiancé(e) visa), your unmarried children under the age of 21 can apply for a K-2 visa. This allows them to travel to the U.S. with you and apply for a green card once you and your fiancé(e) are married.

It's important to note that these are just two of the many visa options available for families. The best visa for your family will depend on your specific circumstances, so it's a good idea to consult with an immigration attorney or advisor to understand all your options. In the next section, we'll discuss the costs associated with applying for these visas and others.

Immigrating to the U.S. involves several costs, including application fees for visas and green cards. It's important to budget for these expenses as you plan your move. 

The cost of applying for a visa varies depending on the type of visa. For example, as of 2022, the filing fee for an IR-2 visa is $535, while the fee for a K-2 visa is $265. These fees are paid to the U.S. Department of State when you submit your visa application.

If you plan to apply for a green card (permanent residency) once you're in the U.S., you'll also need to budget for this cost. The filing fee for a green card application is currently $1,225 for adults and $750 for children under the age of 14. This fee includes the cost of biometric services (fingerprinting, photograph, and signature) and is paid to U.S. Citizenship and Immigration Services (USCIS).

In addition to visa and green card application fees, there may be other costs associated with the immigration process. These can include medical examination fees, translation fees for documents not in English, and fees for obtaining necessary documents such as birth certificates or police clearance certificates. If you choose to hire an immigration attorney to assist with your application, you'll also need to budget for legal fees.

Remember, these costs can add up, so it's important to plan your finances carefully. In the next section, we'll discuss the citizenship status of children born outside the U.S. and how this affects the immigration process.

Citizenship Status of Children Born Outside the U.S.

Understanding the citizenship status of children born outside the U.S. is crucial when planning your family's immigration. U.S. immigration law has specific provisions for children born abroad to U.S. citizens.

Children born abroad to a U.S. citizen parent or parents may acquire U.S. citizenship at birth. This is determined by the U.S. citizen parent's physical presence in the U.S. before the child's birth. The U.S. citizen parent must have been physically present in the U.S. for a certain period, which varies depending on the parent's marital status and the child's date of birth. 

Citizenship through Naturalization of Parents

Children born abroad can also acquire U.S. citizenship after birth, but before the age of 18, through their U.S. citizen parents. This happens when the parent(s) become U.S. citizens through naturalization. The child must be under 18 years old, living in the U.S. in the legal and physical custody of the U.S. citizen parent, and be a lawful permanent resident.

Children adopted by U.S. citizen parents can also acquire U.S. citizenship. The Child Citizenship Act of 2000 allows certain foreign-born, biological, and adopted children of American citizens to acquire American citizenship automatically. These include children adopted by U.S. citizen parents if they (the children) were under 18 on February 27, 2001, or arrived in the U.S. for the first time after that date.

It's important to note that these laws can be complex, and the specifics can vary depending on your situation. Therefore, it's always a good idea to consult with an immigration attorney or advisor to understand how these laws apply to your family. In the next section, we'll delve into the process of immigrating with adoptive children or stepchildren.

Immigration with Adoptive Children or Stepchildren

Immigrating to the U.S. with adoptive children or stepchildren involves a specific process, which can be complex. However, understanding the steps can help you navigate this process more smoothly.

If you're a U.S. citizen and you've adopted a child from another country, you can apply for an IR-2 visa for your child. The process involves filing a Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). Once the petition is approved, your child can apply for a visa at a U.S. embassy or consulate in their home country.

However, there are certain requirements that must be met. The adoption must be final, and you must have legal custody of the child for at least two years. Also, the child must have lived with you for at least two years. These two years of custody and residence can occur before or after the adoption.

If you're a U.S. citizen and you're planning to immigrate with your stepchildren, they may be eligible for an IR-2 visa. The process is similar to that for biological children, involving filing a Form I-130 with USCIS. However, for a stepchild to qualify, the marriage between you and the child's biological parent must have occurred before the child's 18th birthday.

Navigating the immigration process with adoptive children or stepchildren can be challenging, but understanding the requirements and steps can make it easier. As always, it's a good idea to consult with an immigration attorney or advisor to ensure you're following the correct process. In the next section, we'll discuss the Deferred Action for Childhood Arrivals (DACA) policy and how it affects immigrant families.

The Deferred Action for Childhood Arrivals (DACA) policy is a crucial aspect of U.S. immigration law that affects many families. Understanding this policy can help you plan your family's immigration process more effectively.

DACA is a U.S. immigration policy that provides temporary relief from deportation and work authorization to certain undocumented immigrants who were brought to the U.S. as children. It was introduced in 2012 by the Obama administration.

To be eligible for DACA, individuals must meet several requirements. They must have been under the age of 31 as of June 15, 2012, and must have come to the U.S. before reaching their 16th birthday. They must also have continuously resided in the U.S. from June 15, 2007, until the present.

In addition, eligible individuals must be currently in school, have graduated from high school, have obtained a GED, or be an honorably discharged veteran of the U.S. Armed Forces or Coast Guard. They must also not have been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and must not pose a threat to national security or public safety.

While DACA does not provide a path to citizenship, it can offer some stability for eligible individuals and their families by deferring deportation and providing work authorization. This can be particularly beneficial for families with children who were brought to the U.S. at a young age and have grown up in the country.

However, it's important to note that the future of the DACA program is uncertain, as it has been the subject of ongoing legal challenges. Therefore, if you or your children may be eligible for DACA, it's a good idea to consult with an immigration attorney or advisor to understand the current status of the program and how it may affect your family. In the next section, we'll discuss the [Visa Bulletin](/immigration-resources/visa-bulletin-october-2023-update) and how it can help you track the progress of your green card application.

The Visa Bulletin is a valuable resource for families immigrating to the U.S. It provides information on the availability of immigrant visa numbers and can help you understand when your family's green card applications can move forward.

The Visa Bulletin is published monthly by the U.S. Department of State. It shows which green card applications can move forward, based on when the initial petition was filed. This date is known as your "priority date."

The Visa Bulletin is divided into different charts for family-sponsored and employment-based visas. Each chart is further divided by country of chargeability (usually the country where you were born) and preference category (the type of green card you're applying for).

To use the Visa Bulletin, first find your preference category and country of chargeability in the relevant chart. Then, compare your priority date with the date listed in the bulletin. If your priority date is before the date listed in the bulletin, your green card application can move forward.

Keep in mind that the dates in the Visa Bulletin can move forward ("advance") or backward ("retrogress") depending on demand for green cards. Therefore, it's important to check the bulletin regularly to stay updated on the status of your application.

Understanding and using the Visa Bulletin can be complex, especially if you're new to the U.S. immigration process. If you're unsure about anything, don't hesitate to seek help from an immigration attorney or advisor. In the next section, we'll discuss the income requirements for family-based visas.

Income Requirements for Family-Based Visas

When applying for a family-based visa, one of the key requirements is that the sponsoring family member in the U.S. has sufficient income or assets to support the immigrating family members. This is to ensure that the family members will not become "public charges," or individuals who rely on government assistance for their livelihood.

The sponsoring family member must submit an [Affidavit of Support](/immigration-resources/visa-sponsorship-guide) (Form I-864) to demonstrate their ability to financially support the immigrating family members. This is a legally binding contract between the sponsor and the U.S. government.

The income requirements for the Affidavit of Support are based on the [Federal Poverty Guidelines](https://aspe.hhs.gov/topics/poverty-economic-mobility/poverty-guidelines^). The sponsor's household income must be at least 125% of the poverty level for their household size. The household size includes the sponsor, their dependents, any relatives living with them, and the immigrating family members.

For example, as of 2022, if a sponsor is applying for a spouse and two children, and the sponsor has no other dependents, the household size would be 5 (the sponsor plus four family members). According to the Federal Poverty Guidelines, the sponsor's income would need to be at least $32,750.

Using Assets to Meet the Income Requirements

If the sponsor's income does not meet the requirements, they can use their assets, such as savings, stocks, bonds, or property, to make up the difference. The value of the assets must be five times the difference between the sponsor's income and the required income level.

Understanding the income requirements for family-based visas is crucial to ensure a successful application. If you're unsure about these requirements or need help calculating your income or assets, consider seeking help from an immigration attorney or advisor. In the next section, we'll discuss the supporting documents required for family applications.

Supporting Documents and Application Process

When applying for a family-based visa, you'll need to provide several supporting documents. These documents help U.S. Citizenship and Immigration Services (USCIS) verify your identity, relationship to the sponsoring family member, and eligibility for the visa.

The specific documents required can vary depending on the type of visa, but generally include:

In addition to providing supporting documents, you'll also need to complete a medical exam and attend a visa interview. The medical exam must be performed by an authorized physician, and the visa interview will be held at a U.S. embassy or consulate.

The application process for a family-based visa can be complex and time-consuming, but being prepared and understanding the requirements can help ensure a smoother process. In the next section, we'll discuss the practicalities of traveling to the U.S. with children and settling in the country.

Once your family's visas have been approved, it's time to start planning your move to the U.S. This involves not only the logistics of traveling, but also preparing for life in a new country.

Traveling to the U.S. with children can be a challenge, especially if it's a long journey. Be sure to pack enough snacks, activities, and comfort items to keep your children occupied during the trip. It's also a good idea to explain the journey to your children in advance, so they know what to expect.

Before you arrive in the U.S., you'll need to arrange for a place to live. This could be a rental apartment, a house, or staying with relatives or friends. Consider factors such as proximity to schools, safety, and cost of living when choosing a place to live.

Once you arrive in the U.S., one of the first things you'll need to do is open a bank account. This will allow you to deposit money, pay bills, and manage your finances. To open a bank account, you'll typically need your passport, visa, and proof of address.

A Social Security number (SSN) is used to track your earnings and is required for work, opening a bank account, and accessing certain government services. You can apply for an SSN at a Social Security office.

If you have school-age children, you'll need to enroll them in school. The U.S. has a compulsory education law, which means that all children must attend school. The specific age range for compulsory education varies by state, but it generally starts between ages 5 and 8 and continues until age 16 to 18.

Settling in the U.S. involves many steps, but with careful planning, you can make the transition smoother for your family. In the next section, we'll provide resources for navigating the [U.S. school system](/immigration-resources/us-high-school-application-guide).

Once you've settled in the U.S., one of your top priorities will likely be enrolling your children in school. The U.S. school system can be complex, especially for newcomers, but understanding how it works can help ensure your children get the education they need.

The U.S. school system is divided into three levels: elementary school (kindergarten through 5th or 6th grade), middle school or junior high (6th or 7th through 8th grade), and high school (9th through 12th grade). After high school, students can choose to attend college or university.

Public schools are free to attend and are funded by taxes. There are also private schools, which charge tuition but may offer different programs or smaller class sizes.

To enroll your child in school, you'll need to provide proof of your child's age (such as a birth certificate), proof of residency in the school district (such as a utility bill or lease agreement), and your child's immunization records. Some schools may also require a physical examination.

English as a Second Language (ESL) Programs

If your child is not fluent in English, they may be eligible for [English as a Second Language (ESL) programs](https://educationusa.state.gov/your-5-steps-us-study/research-your-options/english-language/what-are-english-language-programs^). These programs provide additional English instruction to help students succeed in school.

If your child has a disability, they may be eligible for special education services. These services are designed to meet the individual needs of students with disabilities and can include specialized instruction, speech therapy, occupational therapy, and more.

Navigating the U.S. school system can be challenging, but there are many resources available to help. Don't hesitate to reach out to your child's school or your local school district for assistance. In the next section, we'll discuss resources for learning English and managing finances in the U.S.

As you settle into life in the U.S., two key areas you'll need to navigate are language and finances. [Learning English](https://americanenglish.state.gov/^) and understanding how to manage money in the U.S. can significantly ease your transition.

If English is not your first language, improving your English skills can make it easier to find a job, communicate with your child's school, and interact with your community. There are many resources available to help you learn English:

Understanding how to manage money in the U.S. is crucial. Here are some key points to consider:

Navigating language and finances in the U.S. can be challenging, but with the right resources and support, you can successfully manage both. In the next section, we'll discuss health and mental health assistance for immigrant families.

As you settle into life in the U.S., two key areas you'll need to navigate are language and finances. Learning English and understanding how to manage money in the U.S. can significantly ease your transition.

Settling in the U.S.? This guide focuses on improving English skills and managing finances, both crucial for a smooth transition. Enhance your English for job opportunities and community interaction. Learn to manage finances, choose the right bank, build good credit, and understand tax filing. With the right resources, you can successfully navigate language and finances in the U.S.

Guide to Settling in the U.S.: Language and Finances

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The duration depends on several factors, including the capacity of the United States Embassy or Consulate in your country.

The fee required by the United States government is paid whether the visa is accepted or not, and it is non-refundable. Our advice aims to increase the likelihood of your visa being approved.

If there is not enough time for you to be granted a visa, or if you prefer not to apply for one, it is preferable that your company changes the route and chooses one that does not go through the United States.

The possibility of obtaining a visa more quickly depends on: 1. The need to travel due to the death of an immediate relative or serious illness, 2. You or a minor child requiring urgent medical treatment, 3. Attending an urgent business meeting, 4. Making an unexpected visit for various reasons. To learn about other cases in which you may be able to travel more quickly, start the visa application process, or request more information, do not hesitate to contact us.

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