Being separated from one’s child can be traumatic for both child and parent. This makes child-based immigration a vital component of the family-based immigration process. Whether currently separated or contemplating an immigration-based separation, it is important to know what options you have to bring your child(ren) to the United States. Contact us (link) so that we may help.

Below we outline which parent/child relationships qualify for Permanent Residency and under which Preference Category they Qualify.  

Green Cards for Children of U.S. Citizens 

• Eligibility for the Unmarried Under 21 Years of Age Children of US Citizens
• Eligibility for the Unmarried Over 21 Years of Age Children of US Citizens
• Eligibility for the Married Children of US Citizens
• Eligibility for the Unmarried Under 21 Years of Age Children of LPRs
• Eligibility for the Unmarried Over 21 Years of Age Children of LPRs
• Step-Children

Eligibility for the Under 21 Years of Age Children of US Citizens

US Citizen parents may obtain a Green Card for their children. Children under 21 years of age qualify as “immediate relatives.”  Immediate relatives are not subject to numerical limits and can receive a visa as soon as a petition is approved.  As long as the petition for an immigrant visa is filed before the child turns 21, the child qualifies as an immediate relative.  Before taking this route, be sure to check to see if your child, born abroad, is already a US Citizen.

Eligibility for the Over 21 Years of Age Children of US Citizens

Children over the age of 21 qualify under the first preference category.  Children in this category must wait until a visa becomes available before they can enter the United States as permanent residents. The State Department’s Visa Bulletin shows the wait for visas for each of the preference categories.

Eligibility for the Married Children of US Citizens

The Married Children of US Citizens, even if under 21 years of age, are not considered “immediate relatives.” Instead, these children qualify under the Third Preference category. Children in this category must wait until a visa becomes available before they can enter the United States as a permanent residents. The State Department’s Visa Bulletin shows the wait for visas for each of the preference categories.

Eligibility for the Unmarried Under 21 Years of Age Children of LPRs

These children qualify under the Second Preference (2A) category.  Children in this category must wait until a visa becomes available before they can enter the United States as permanent residents.  The State Department’s Visa Bulletin shows the wait for visas for each of the preference categories.

Eligibility for the Unmarried Over 21 Years of Age Children of LPRs

These children qualify under the Second Preference (2B) category.  Children in this category must wait until a visa becomes available before they can enter the United States as permanent residents.  The State Department’s Visa Bulletin shows the wait for visas for each of the preference categories.