Review
A U.S. citizen or lawful permanent resident may be able to petition for a son or daughter, but the legal category depends on the petitioner’s status, the child’s age, marital status, and the way the parent-child relationship was created. A child does not simply “inherit” a parent’s green card.
Most family-based cases begin with Form I-130. A U.S. citizen may petition for an unmarried child under 21 as an immediate relative and may also petition for adult or married sons and daughters in preference categories. A lawful permanent resident may petition for an unmarried child or son or daughter, but not for a married child.
Stepchildren and adopted children are subject to additional statutory requirements. Some children may instead qualify as derivatives in another immigration process, or through refugee or asylee family procedures. The correct route therefore depends on the complete immigration and family history.
This page concerns petitions filed by parents for children. For the opposite process, see our guide to green cards for parents of U.S. citizens.
Government fees, visa availability and processing times change. Check the current USCIS and Department of State information before filing. This overview is general information and is not a substitute for advice about a specific case.
Family Reunification: An Overview of U.S. Immigration Policy
Family-based immigration does not use one rule for every son or daughter. The category depends on the petitioner’s status and the beneficiary’s age and marital status.
- U.S. citizen; unmarried child under 21: generally an immediate relative, without an annual numerical limit.
- U.S. citizen; unmarried son or daughter aged 21 or older: family first preference.
- U.S. citizen; married son or daughter: family third preference.
- Lawful permanent resident; unmarried child under 21: family second preference.
- Lawful permanent resident; unmarried son or daughter aged 21 or older: a separate family second-preference category.
Preference cases depend on visa availability under the Department of State Visa Bulletin. Immediate-relative cases are not subject to those family-preference limits, although normal processing still applies.
Family reunification process
The process begins by identifying the correct category and confirming that the parent-child relationship satisfies immigration law.
1. Confirm the category
Review citizenship or permanent-resident status, age, marital status, and any adoption, step-parent, legitimation or custody history.
2. File the petition
Form I-130 is generally filed with proof of the petitioner’s status and civil documents establishing the relationship. Approval confirms the qualifying relationship; it does not itself grant a green card or lawful status.
3. Determine visa availability
Immediate relatives of U.S. citizens do not wait for a family-preference visa number. Other sons and daughters must wait until a visa is available under the Visa Bulletin.
4. Complete consular processing or adjustment of status
A beneficiary abroad generally proceeds through the National Visa Center and a U.S. consulate. A beneficiary in the United States may apply for adjustment only if all statutory requirements are met. Entry, maintenance of status, unlawful presence, prior violations and inadmissibility can affect eligibility.
5. Complete financial and final review
Most cases require an Affidavit of Support and financial evidence. Medical examination, security checks and an interview may also be required.
The timeline
For current case-specific estimates, consult the official USCIS processing-time tools, the Visa Bulletin and the relevant consular post.
Processing conditions change. Verify current information for the specific category before relying on any estimate.
Fees and costs
Government charges depend on the filing route and can change. Possible charges may include Form I-130, immigrant-visa processing, Affidavit of Support review, the USCIS immigrant fee, adjustment-of-status filing, biometrics when applicable, and the required medical examination.
Do not rely on an older article or a single total. Before filing, verify current amounts on the official USCIS Fee Schedule and Department of State fees page. Translation, civil documents, courier services and legal representation are separate.
A fee waiver is available only for specified forms and only when its requirements are met. An obsolete or incorrect fee can cause rejection.
Note: These amounts do not include translation services, notarization, and various travel expenses. Since these amounts are subject to change, it is essential to always check the USCIS and U.S. Department of State websites for the most up-to-date information.
Conclusion
Petitions for children require precise classification. Age, marriage, citizenship or permanent-resident status, adoption and step-parent facts can determine whether a case is immediately available, subject to a preference-category wait, or ineligible under the proposed route.
Before filing, confirm the relationship, category, visa availability and whether consular processing or adjustment of status is legally available. Approval of Form I-130 alone does not grant status and does not cure unlawful presence, inadmissibility or other immigration problems.
Cohen Brosh Law Offices assists with category analysis, petition preparation, National Visa Center processing, consular cases and eligible adjustment matters.
Disclaimer: This article provides general information only and does not constitute legal advice. Immigration rules, fees and processing conditions change, and the result depends on the specific facts.
Usefully links
USCIS – United States Citizenship and Immigration Services
- Form I-130, Petition for Alien Relative
- Form I-485, Application to Register Permanent Residence or Adjust Status
- USCIS Processing Times
U.S. Department of State
CDC – Centers for Disease Control and Prevention
Official Fee Information
Legal Resources and Assistance
These sources provide comprehensive and up-to-date information on the various aspects of the family reunion process, including the necessary forms, processing times, medical requirements, and fees involved. They are essential for ensuring that applicants have accurate information and can navigate the process effectively.