Helping Children Immigrate to the U.S.

U.S. citizens can file for their children (under 21), as well as sons and daughters (married and unmarried). Lawful permanent residents can only file for their children and unmarried sons and daughters.

Filing a relative petition and proving a qualifying relationship is the first step to obtaining a green card for your child.  Each child needs their own petition.

Children of U.S. Citizens

With an approved petition, your children can immediately apply for an immigrant visa at the U.S. Consulate where they live, or if they are already in the United States in another legal status, they can apply for Adjustment of Status with U.S. Citizenship & Immigration Services (USCIS).

If you are a U.S. citizen marrying a foreigner that has a child (unmarried and under 18 at the time of your marriage), the child will usually qualify as your stepchild and will need a separate petition.

Children of Permanent Residents

Filing a relative petition and proving your qualifying relationship gives your child a place in line among other children waiting to immigrate. When the place in line is reached, your child may be eligible to apply to immigrate.

Your child’s place in line will be based on the date you file your petition, so there is an advantage to filing as soon as possible.

If you are a permanent resident and marrying a foreigner that has children, you may also need to file separate petitions for the children.  When your husband or wife's place in line is reached, his or her unmarried children under 21 can apply as dependents and don't need separate petitions.  However, if the child marries or turns 21 before they immigrate, they will no longer be eligible as dependents. You should consider filing separate petitions for each child. A separate petition keeps the child’s place in line among sons and daughters of permanent residents waiting to immigrate.

Once a child marries they are no longer qualified to immigrate as a "child" and are immediately categorized as married sons or daughters.

 U.S. citizens can sponsor unmarried and married sons and daughters, but the waiting period can be quite long based on visa availability.

There is no visa category for the married child of a permanent resident. A petition for an unmarried child of a lawful permanent resident will normally be automatically revoked if he or she gets married. If you think a child may marry before they can immigrate, you may want to not only consider filing a separate petition for them now, but also applying to become a U.S. citizen if you are eligible.

While there is no visa category for the married child of a permanent resident, there is one for the married child of a U.S. citizen. Filing a separate petition now preserves that option so if you do become a U.S. citizen before the child marries, then the separate petition could continue to be processed in the visa category for the married son/daughter of a U.S. citizen.

U.S. citizens may petition for spouses, parents, children, sons and daughters, and brothers and sisters. Lawful permanent residents may petition for spouses, children, and unmarried sons and daughters. Only these close relationships qualify for family-based immigration petitions.

The law gives special standing to a U.S. citizen’s husband or wife, unmarried children under 21, and parents.

• There is no waiting list for immigration for these relatives.
• The Department of State will invite them to apply for an immigrant visa as soon as we approve your petition. In some cases, the petition can be filed outside the U.S., directly at the U.S. Consulate.
• If they entered legally and are currently in the U.S. (and meet certain other requirements), they may be able to file applications to adjust to permanent resident status.

For children of lawful permanent residents, the combination of high demand and the limits set by law on how many people can immigrate each year means your child may have to wait several years while petitions that were filed before theirs are served. When your child reaches the “front of the line”, the Department of State contacts your child and invites him or her to apply for an immigrant visa. If you are interested in current wait times for visa numbers, see the most recent Visa Bulletin.

Your approved petition gives your child a place in line among those waiting to immigrate. It does not let him or her come to the U.S. or remain here until he or she can apply for permanent residence. Your child should wait outside the U.S. to immigrate legally. If a child comes or stays without legal status, it will affect his or her eligibility to become a permanent resident when the child's place in line for a visa is reached.

However, if you are a U.S. citizen and your unmarried child under 21 is already in the U.S. after having entered legally (and in certain other circumstances), and applies for permanent residence when you file your petition, then your child may, with certain exceptions, remain in the U.S. while USCIS processes their application for permanent residence.

Under the law, every person who immigrates based on a relative petition must have a financial sponsor. If you choose to sponsor your child’s immigration by filing a relative petition, then when the time comes, you must agree to be his or her financial sponsor and file an affidavit of support. If you do not meet the financial qualifications, then other individuals (co-sponsors) will also have to make this commitment.

General instructions are included with the I-130 relative petition, and USCIS posts updates and fees on its web site. The I-130 petition is a legal case and mistakes or misrepresentations can jeopardize your child's chances of ever immigrating to the United States. You should carefully review the eligibility requirements, then talk with an immigration lawyer about the specific circumstances of your case. D.Ray Mantle assists clients by making sure the petition is complete and includes all of the necessary evidence to support your child's eligibility.

Please note: If you are a U.S. citizen filing for your unmarried child(ren) under 21, or your parent, and they are already in the U.S. and entered legally, then they may be able to file an application for permanent residence with your relative petition at the same time.

After your petition is filed, USCIS will mail you an official receipt so you can track the processing of your case. If your petition is incomplete, USCIS may have to reject it, or ask you for more evidence or information, which will delay processing. Working with an experienced immigration attorney from the beginning will help you avoid errors and delays.

Normally, when USCIS approves the petition, notice will be sent to the U.S. State Department’s National Visa Center (NVC). Once your child’s place in line for a visa number is reached, the NVC will notify you and your child, inviting him or her to apply for immigrant visas at the nearest U.S. Embassy.

Processing time depends on a number of factors. You can check USCIS current processing times on our web site. Due to government backlogs and limited resources, USCIS will often postpone processing a case if the priority dates listed on the Visa Bulletin for that category represent a long waiting line for available visa numbers.

If you become a U.S. citizen while your child is waiting for a visa, you can upgrade your child's visa classification by upgrading your petition. Unmarried children under age 21 of U.S. citizens have visas immediately available to them.

• If you become a U.S. citizen after your petition is already approved and sent to the State Department, you should notify the NVC that you have become a U.S. citizen by sending a copy of your naturalization certificate to the NVC.
• If you become a U.S. citizen and your child's petition has not yet been approved by USCIS, you will need to notify USCIS.

If your relative is your spouse and he/she has children who are your stepchildren or adopted children, and you did not file separate petitions for them, you must file separate petitions for them now with evidence of your U.S. citizenship.