Skip to main content
contact us

Copyright SJKP LLP Law Firm all rights reserved

Permanent Residence through Us Citizen Child Sponsorship



This case study examines a multi stage family based immigration strategy in which permanent residence was first obtained through a U.S. Citizen child and later used to sponsor another adult child under the family preference system. The matter involved long term planning, careful maintenance of lawful status, and compliance with federal immigration requirements applied consistently in New York consular practice. Although the permanent resident parent did not intend to reside permanently in the United States during the waiting period, the strategy successfully preserved permanent residence and culminated in immigrant visa approval without additional documentary requests.

Contents


1. Permanent Residence New York | Initial Family Based Immigration Strategy


This case originated from a family seeking a lawful pathway to permanent residence through a U.S. Citizen child, followed by subsequent sponsorship of another child once the parent’s status was secured. The strategy required a long term view of family preference categories, visa bulletin backlogs, and strict compliance with U.S. Immigration law as applied in New York related cases.


From U.S. Citizen Child Petition to Lawful Status


The first phase involved a U.S. Citizen child filing an immediate relative petition for a parent, a category that is not subject to annual numerical limits under federal immigration law.

 

Through representation by the firm, the parent successfully obtained permanent residence based on this immediate relative classification, completing immigrant visa processing in full compliance with procedural standards recognized by U.S. Consular authorities.

 

Once permanent residence was granted, the parent acquired the legal capacity to file a family based petition for another unmarried adult child under the F2B preference category.

 

This sequential structure reflects a lawful and commonly used approach in New York family based immigration matters, where timing and category selection are critical.



2. Permanent Residence New York | Maintaining Status without Continuous U.S. Residence


After obtaining permanent residence, the parent did not plan to reside in the United States on a full time basis but needed to preserve lawful status in order to continue the child sponsorship process. This required proactive compliance with U.S. Residence and travel rules while avoiding abandonment of permanent residence.


Reentry Permit and Lawful Status Preservation


To address extended stays abroad, the parent applied for and received a Reentry Permit prior to departing the United States, allowing prolonged absence without triggering a presumption of abandonment of permanent residence.

 

With this permit, the parent was able to reside primarily in Korea while maintaining lawful permanent resident status for immigration purposes connected to New York practice standards.

 

Throughout this period, renewals and travel records were carefully managed to demonstrate ongoing ties to the United States, ensuring that permanent residence remained valid during the lengthy F2B waiting period.

 

This approach aligns with federal immigration principles applied uniformly across states, including New York, and is frequently used in long term family sponsorship strategies.



3. Permanent Residence New York | National Visa Center Processing and Priority Date Delays


Once the second child’s petition progressed, the case entered National Visa Center processing, where document submission and priority date monitoring became central issues. Due to global visa backlogs affecting the F2B category, significant delays occurred between document qualification and interview scheduling.


Extended Nvc Hold and Priority Date Backlog


Although all required civil and financial documents were accepted by the National Visa Center, the priority date remained unavailable for several years due to visa number retrogression and slow advancement in the F2B category.

 

During this time, the case remained documentarily qualified but pending, a situation commonly encountered in family preference cases involving permanent residence based sponsorship.

 

 

The legal team monitored visa bulletin movements closely while ensuring that all submitted documentation remained current and compliant, preventing expiration related complications when the interview was finally scheduled.



4. Permanent Residence New York | Consular Interview Preparation and Final Approval


As the immigrant visa interview was eventually scheduled, heightened scrutiny from U.S. Consular officers required meticulous preparation, particularly regarding financial sponsorship and U.S. Domicile. Recent trends have shown stricter review standards, making advance preparation essential for approval without delay.


Financial Sponsorship and U.S. Domicile Evidence


Although the petitioner’s assets had initially been accepted at the National Visa Center stage, the firm anticipated that the U.S. Embassy would apply a more rigorous standard at the interview.

 

To address this, a qualified joint sponsor was secured, and complete supporting documentation was prepared in advance to meet income and sponsorship requirements.

 

In parallel, substantial evidence of the petitioner’s U.S. Domicile was assembled, including documentation demonstrating intent to maintain permanent residence and reestablish residence in the United States as required under federal law.

 

As a result of this comprehensive preparation, the consular interview concluded with immediate approval, without requests for additional evidence or administrative processing.

 

This case demonstrates how permanent residence can serve as a foundational step in a broader family immigration plan when managed with long term strategy, lawful status preservation, and careful anticipation of consular review standards.

 

By aligning each stage with federal immigration law as applied in New York related cases, the family achieved a successful outcome despite extended timelines and heightened scrutiny.

 


24 Dec, 2025


The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
Certain informational content on this website may utilize technology-assisted drafting tools and is subject to attorney review.

Book a Consultation
Online
Phone
CLICK TO START YOUR CONSULTATION
Online
Phone