Challenges and Considerations in Green Card Application for an Overseas-Born Child
Our family recently relocated to the United States, and with us, we brought our son who was born in Singapore. As parents, we are now exploring the process of obtaining his US Green Card through an EB-2 visa application. This article discusses the challenges and considerations involved in applying for a Green Card for a child born outside of the United States.
Understanding the Concept of Country of Chargeability
One of the primary challenges in this process is understanding the concept of Country of Chargeability. For individuals born in Singapore, even though they are a US Green Card applicant, their chargeability country is Singapore. This means their eligibility for a Green Card is based on the country of their birth, not their current citizenship status.
EB-2 Visa Application Process
The EB-2 Visa is one of the more popular Green Card visas for professionals with advanced degrees or exceptional abilities, and it's often chosen for its potential shorter wait times. However, the wait times for this visa can vary significantly based on the individual's country of chargeability.
It is essential to note that the wait times for EB-2 visas can be influenced by the green card backlog and the PERM Labor Certification process, which can add to the overall wait time.
Priority Dates and Their Impact
The key factor in determining the wait time for an EB-2 visa is the priority date. Priority dates are assigned based on the date the Green Card process was initiated. For children born in foreign countries, their priority date is not affected by their place of birth but rather by the date when the primary beneficiary (the parent) initiated the Green Card process.
For example, if the parent (who initiated the EB-2 Green Card process) moves to the US and files for the Green Card on March 1, 2023, that date will be the priority date for the child as well. This is important because the child can only immigrate after the parent's priority date becomes current, aligning with the principle of concurrent validity of the Green Card application.
Implications for a Secondary Beneficiary
A child of a US Green Card applicant is a secondary beneficiary. This means that the child can only immigrate to the US at the same time as, or after, the primary beneficiary (the parent) immigrates. Therefore, even if the child's place of birth offers a shorter wait time, it does not change the fact that the child must wait until the parent's priority date is current.
Here are some key considerations: Immigration Backlog: The main driver of wait times is the backlog in the US Citizenship and Immigration Services (USCIS) system. Application Processing Time: The time it takes to process and approve an EB-2 visa application. Interview Process: An in-person interview with the US Consulate or Embassy may be required, which can add to the overall wait time.
Conclusion
The process of obtaining a Green Card for a child born overseas can be complex and requires a thorough understanding of the various factors involved, such as the concept of country of chargeability, the EB-2 visa application process, and the implications of being a secondary beneficiary.
Given the above information, we have decided to proceed with the EB-2 Green Card application, understanding that our son's wait time will be determined by our family's overall priority date and not solely by his date of birth in Singapore.
Frequently Asked Questions (FAQs)
Q1: What is the difference between primary and secondary beneficiaries in the Green Card application process?
A1: A primary beneficiary is the main applicant who initiates the Green Card process, typically a parent who is already a US resident. A secondary beneficiary is the child or spouse of the primary beneficiary. The secondary beneficiary follows the same priority date as the primary beneficiary.
Q2: What can I do to speed up the Green Card process for my child?
A2: There are no guaranteed shortcuts to expedite the Green Card process. However, you can stay informed about the latest developments in immigration law and policies and work closely with a reputable immigration attorney to navigate the process more effectively.
Q3: Does my child's place of birth affect the EB-2 visa application?
A3: Yes, the child's place of birth determines the country of chargeability, but the actual wait time for the Green Card is not shortened simply by the shorter backlog associated with the child's birth country. The wait time is primarily based on the primary beneficiary's priority date.