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Green card option for Autistic child born in UK

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gujalls
Junior Member
Posts: 65
Joined: Tue Sep 02, 2008 10:29 am
United Kingdom

Green card option for Autistic child born in UK

Post by gujalls » Mon Sep 09, 2024 3:10 am

We are planning to relocate to the U.S. from the UK through the H1B visa route. Both my spouse and I were born in India, and our child, who is 13 years old, was born in the UK. We all currently hold UK citizenship.

I have a few questions that I hope you can provide some clarity on:
  • 1. Child’s Dependent Status at 21:
    When our child turns 21, will he still be considered a dependent under our visa status if we are still on H1B? I understand that this is the age threshold for dependents, but we are uncertain whether he might enroll in college, and if that would have any impact on his dependent status.
  • 2. Green Card Eligibility for UK-born Child:
    Given that our child was born in the UK, are there any possibilities or pathways for him to obtain a green card before he turns 21? We are keen to understand if his UK birth might offer any advantages in securing a green card earlier.
These questions are very important to us as we plan for our child’s future, and your insights would be greatly appreciated. Many thanks in advance for your response.

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Ticktack
Respected Guru
Posts: 2398
Joined: Wed Mar 23, 2022 10:35 am
United Kingdom

Re: Green card option for Autistic child born in UK

Post by Ticktack » Mon Sep 09, 2024 9:46 am

gujalls wrote:
Mon Sep 09, 2024 3:10 am
We are planning to relocate to the U.S. from the UK through the H1B visa route. Both my spouse and I were born in India, and our child, who is 13 years old, was born in the UK. We all currently hold UK citizenship.

I have a few questions that I hope you can provide some clarity on:
  • 1. Child’s Dependent Status at 21:
    When our child turns 21, will he still be considered a dependent under our visa status if we are still on H1B? I understand that this is the age threshold for dependents, but we are uncertain whether he might enroll in college, and if that would have any impact on his dependent status.
  • 2. Green Card Eligibility for UK-born Child:
    Given that our child was born in the UK, are there any possibilities or pathways for him to obtain a green card before he turns 21? We are keen to understand if his UK birth might offer any advantages in securing a green card earlier.
To apply for an immigrant visa, a foreign citizen seeking to immigrate generally must be sponsored by a U.S. citizen or lawful permanent resident immediate relative(s), or prospective U.S. employer, and have an approved petition before applying for an immigrant visa.
Being born in the UK has no special advantage for your child. You're all considered as Aliens.


These questions are very important to us as we plan for our child’s future, and your insights would be greatly appreciated. Many thanks in advance for your response.
No sin in failing, you just have to try and try again!

User avatar
gujalls
Junior Member
Posts: 65
Joined: Tue Sep 02, 2008 10:29 am
United Kingdom

Re: Green card option for Autistic child born in UK

Post by gujalls » Fri Sep 20, 2024 4:06 am

Thanks for the response.

What happens to the autistic dependent child after 21?

User avatar
Ticktack
Respected Guru
Posts: 2398
Joined: Wed Mar 23, 2022 10:35 am
United Kingdom

Re: Green card option for Autistic child born in UK

Post by Ticktack » Fri Sep 20, 2024 11:19 am

gujalls wrote:
Fri Sep 20, 2024 4:06 am
Thanks for the response.

What happens to the autistic dependent child after 21?
I'm assuming that by then the child should have been either a U.S. citizen or lawful permanent resident. I guess the normal functioning of the child would be determined by how high on the spectrum s/he is. Children move to the US with their parents all the time and live their own lives after.
No sin in failing, you just have to try and try again!

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