As a U.S. citizen or a lawful permanent resident, you can sponsor green cards for your children.
According to the USCIS:
“The age and marital status of your children are important factors in the immigration process. For immigration purposes, a “child” is an unmarried person under 21 years of age. A “son” or “daughter” is a person who is married or is 21 years of age or older.”
Children of U.S. citizens
- Children below age 21 and unmarried
If your child is unmarried and below the age of 21, he or she qualifies for a green card under the immediate relative category. You can petition your child for a green card and he or she will receive a green card as soon as the petition has been approved. There are no numerical limits applicable to the ‘immediate relatives’ category.
- Married children or children who are 21 years of age or older
If your son or daughter is either married or 21 years of age or older, he or she qualifies for a green card under the first preference category. This means that once you file a petition and the petition is approved, they need to wait until a visa becomes available.
- Adopted children
If your child is adopted, you can sponsor a green card for your adopted child as long as the adoption was finalized before his or her 16th birthday. You must have custody of your adopted child for two years before or after the adoption. Also, the child should live with you for two years before or after the adoption.
- Step-Children
If you have a step-child, he or she can qualify as a child if you married the step-child’s genetic parent before his or her 18th birthday.
Children of Permanent Residents
- Children below age 21 and unmarried
If your child is unmarried and below the age of 21, he or she qualifies for a green card under the second preference category (F2A). This means that once you file a petition and the petition is approved, they need to wait until a visa becomes available.
- Unmarried children who are 21 years of age or older
If your son or daughter is 21 years of age or older, he or she qualifies for a green card under the second preference category (F2B). This means that once you file a petition and the petition is approved, they need to wait until a visa becomes available.
The immigration process
To begin the process of sponsoring a green card for your child, son or daughter, you need to file Form I-130, Petition for Alien Relative, with the USCIS along with the filing fee and the supporting documents. This petition is to establish that a legal relationship exists between you and your child, son, or daughter.
If you are a U.S. citizen, you need to file a separate Form I-130 for each child or son or daughter you want to sponsor.
If your child is living in the United States
If you are a U.S. citizen filing for your child who is already living in the U.S. in a nonimmigrant status, you need to file Form I-130 and your child can file Form I-485, Application to Register Permanent Residence or Adjust Status, at the same time.
If you are a U.S. citizen petitioning your son or daughter, you need to file Form I-130 and once the petition is approved and a visa becomes available, your son or daughter can file Form I-485.
If you are a permanent resident petitioning your child or son or daughter, you need to file Form I-130 and once the petition is approved and a visa becomes available, your child, son or daughter can file Form I-485.
If your child is living outside the United States
If your child or son or daughter is living outside the U.S., you need to file Form I-130 with the USCIS. Once the petition is approved, it will be sent to the respective country’s U.S. Embassy or consulate for further processing and interviews. Once approved, the Embassy or consulate will issue an immigrant visa using which the child or son or daughter can travel to the U.S. On being granted entry into the U.S., they will enter as permanent residents.
Family members of the child
As a U.S. citizen, if you are sponsoring
- your unmarried son or daughter who is 21 years of age or older, his or her child(ren) may be included in this petition.
- your married son or daughter of any age, his or her spouse, and/or child(ren) may be included in this petition.
As a permanent resident, if you are sponsoring
- your unmarried child who is 21 years of age or younger, his or her child(ren) may be included in this petition.
- your unmarried son or daughter who is 21 years of age or older, his or her child(ren) may be included in this petition.