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Can a conditional green card holder file a petition to bring their children to the United States?

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Can a conditional green card holder or conditional permanent resident file a petition to bring their children to the United States?

Yes.

Federal Regulations

Federal regulations hold that “Unless otherwise specified, the rights, privileges, responsibilities, and duties which apply to all other lawful permanent residents apply equally to conditional permanent residents.

Including but not limited to:

  • The right to apply for naturalization (if otherwise eligible).
  • The right to file petitions on behalf of qualifying relatives.
  • The privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed.
  • The duty to register with the Selective Service System, when required.
  • The responsibility for complying with all laws and regulations of the United States

All references within this chapter to lawful permanent residents apply equally to conditional permanent residents unless otherwise specified.”  8 CFR 216.1

The exceptions apply to attempts by conditional permanent residents to apply for spouses other than the one who is the source of their conditional residency.

Conditional permanent residents or conditional green card holders are able to petition for children on the same terms as any other permanent resident. Conditional residents can file an I-130 at any time after receiving their lawful permanent resident status. They do not have to wait until having the conditions removed from their green card.

Hacking Immigration Law Can Help

So if you are a conditional green card holder who wants to bring your kids to the United States, our law firm can help. Check out our offered citizenship and immigration services today!

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