Immigration for Children
The Immigration process for Children is specific depending on the age and marital status of the children, but requires filing a petition (Form I-130) to establish parent and child relationship.
Consult with a Lawyer for more information on complex cases.
Case Approvals
General Process
Eligibility:
-- Child of US Citizen Petitioner can be all ages, married or unmarried
-- Child of Green Card holder can only petition for unmarried children, ages 21 or under
The family immigration process generally includes the following steps:
1. Filing the I-130 Petition – This establishes the qualifying family relationship.
2. USCIS Processing – Once filed, the petition is reviewed and approved by USCIS.
3. Consular Processing or Adjustment of Status – Depending on whether the relative is in or outside the U.S., they will either apply for a visa at a U.S. consulate or adjust status while in the U.S.
4. Green Card Issuance – If approved, the family member receives permanent resident status.
FAQ
Who can sponsor Children immigration?
U.S. Citizen or Lawful Permanent Resident (Green Card Holder) Parent
Eligibility Requirements for US Citizen:
a U.S. Citizen can petition for children who are:
- Children (unmarried and under 21)
- Unmarried sons and daughters (21 or over)
- Married sons and daughters (ANY AGE)
Eligibility Requirements for Green Card Holder (Permanent Resident):
A Green card holder can only sponsor their child IF the child is not married or is divorced.
Green card holder may petition for:
- Children (unmarried and under 21)
- Unmarried sons and daughters (21 or over)
What is the difference between U.S. Citizen or LPR sponsoring immigration?
US CITIZEN:
-- For U.S. Citizen sponsoring their immediate relatives (spouse, parent, children), a visa is available and immediate processing will occur.
Green Card Holder:
-- For Green Card sponsoring their immediate relations (spouse, parent, children), after the form I-130 is filed, petitioner/beneficiary will be placed on an waiting list and assigned a priority date.
Who can parents sponsor?
Biological children, Stepchildren (under 21), and adopted children.
Complex Situations:
-- Child born outside wedlock & surrogate children.
-- Child marital status changes while case is pending (Eligibility May Lose)
What are common restrictions regarding stepchildren immigration to the United States?
The (step parent and biological parent) parents must be married before the child has turned 18. If the parents marry after the child is 18, the child can ONLY be petitioned by their biological parents.