How
Do I Bring My Child, Son or Daughter to Live in the United States?
This information is for United Stated (U.S.) citizens and lawful permanent residents who wish to bring their child(ren) to live permanently in the U.S. Please note: If you are in the U.S. and considering adopting an orphan from another country, you should refer to How Do I Apply to Bring a Foreign-Born Orphan to the U.S.?
Definition of a Child
Definition of a Son or Daughter
Overview of
Immigration Process
What Does the Law Say?
Who Is Eligible to Be a
Sponsor?
How Do I File the Petition?
How Can I Check the Status of My
Visa Petition?
Can Anyone Help Me?
Frequently Asked
Questions (FAQ’s)
Information for Your
Alien Relative
Note: Information concerning the new K visa (advance admission for the spouse and
children of a U.S. citizen)
and new V visa (advance admission for the spouse and the minor children of a lawful permanent resident) nonimmigrant categories is availablefrom the
Legal Immigration Family Equity (LIFE) Act page.
Definition of a Child
The immigration law
defines a “child” as an unmarried person under the age of 21 (a minor) who is
- A child born to parents who are married to each other (born in wedlock)
- A stepchild if the
marriage creating the steprelationship took place before the child reached the
age of 18
- A child born out of
wedlock (the parents were not married at the time the child was born). Note: If
the father is filing the petition, proof of a bona fide (real and established)
relationship with the father must be supplied.
- An adopted child if
the child was adopted before the age of 16 and has lived with the adoptive
parent(s) in their legal custody for at least two years
- An orphan under the age of 16 when an adoptive or
prospective adoptive parent files a visa petition on his or her behalf, who has
been adopted abroad by a U.S. citizen or is coming to the U.S. for adoption by
a U.S. citizen, or
- A child adopted who
is under the age of 18 and the natural sibling of an orphan or adopted child under
the age of 16, if adopted with or after the sibling.
The child must also otherwise fit the definition of orphan or
adopted child
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Definition of a Son or Daughter
The immigration law defines a “son or daughter” as a
person who was once a “child” but who is now either married or over the age of
21.
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Overview of Immigration Process
A legal immigrant (or
“lawful permanent resident”) is a foreign national who has been granted the
privilege of living and working permanently in the United States. There is a three-step process for your child
or son or daughter to become a legal immigrant.
- You must obtain BCIS approval of an
immigrant visa petition that you file for your child, son or
daughter.
- The State Department must then give your son or daughter an immigrant visa number, even if he or she is
already in the United States. If
you are a U.S. citizen and the child is both under 21 years of age
and unmarried, a visa number is not required.
- If your child or son or daughter
is outside the United States, he or she will be notified to go to the
local U.S. consulate to complete the processing for an immigrant visa when
one becomes available. If your child or son or daughter is legally in the
U.S. when an immigrant visa number becomes available (or if one is not
required), he or she may apply to adjust status to that of a lawful
permanent resident using the Form I-485.
For an excellent
overview of immigration, please see the chapter and tables on immigrants in the
Immigration Statistical Yearbook. For more information on immigrant visa
numbers, please see How Do I Get an
Immigrant Visa Number?
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What Does the Law Say?
The Immigration and Nationality Act is a law that governs
the admission of all immigrants to the United States. For the part of the law concerning immigrant status for children,
sons, and daughters, please see INA § 202, INA § 203 and INA § 204. The specific eligibility requirements and
procedures for qualifying for immigrant visas and permanent residence are
included in the Code of Federal Regulations (CFR) at 8 CFR § 204.1, 8 CFR § 204.2,
and 8 CFR § 204.3.
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Who is Eligible to Be a Sponsor?
A U.S. citizen may petition for:
- A child (unmarried and under 21 years of age)
- An unmarried son or daughter (over 21 years of age)
- A married son or daughter of any age
A U.S. citizen’s
unmarried, minor child is considered an immediate relative, does not need a
visa number, and is eligible to receive an immigrant visa immediately. Otherwise, sons and daughters of U.S.
citizens will be eligible for a visa when their priority date is listed on the Department
of State’s Visa Bulletin .
If your unmarried,
minor child was admitted or paroled into the U.S., he or she may file the Form I-485, Application to Register for Permanent
Residence or Adjust Status, at the time you file your Form I-130, Petition for
Alien Relative.
If your unmarried,
minor child has children, see the petitioning section on beneficiaries.
A lawful permanent resident may petition
for:
- A child (unmarried
and under 21 years of age)
- An unmarried son or
daughter (over 21 years of age)
A lawful permanent
resident may not petition for a
married son or daughter.
If you had children
before you became a permanent resident and you did not immigrate as an
immediate relative of a U.S. citizen, your unmarried, minor children may be
eligible to receive following-to-join benefits.
This means that you do not have to submit a separate BCIS Form
I-130 (Petition for Alien Relative) for your children, and your children will
not have to wait any extra time for a visa number to become available. See the Petitioning Procedures for more information on following-to-join benefits. Otherwise, children of LPRs will be eligible for a visa when their priority date is listed on the Department of State Visa Bulletin.
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How Do I File the Petition?
To petition for your
child, son, or daughter to live in the United States permanently you should
file a form I-130, Petition for Alien Relative. To find out how to file this petition, please see Petitioning Procedures,
which will help you identify what you need to do.
Exception: If you are a U.S. citizen petitioning for an
orphan, you must file a petition to classify an orphan as an immediate
relative. The petition is Form I-600, and the form to
use for advance processing is Form I-600A.
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How Can I Check the Status of My Visa Petition?
To check the status of your visa petition,
you will need to contact the BCIS office that received it. Full instructions can be found at Finding the Status of Your Case.
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Can Anyone Help Me?
If advice is needed,
you may contact the BCIS District Office near your home for a list
of community-based, non-profit organizations that may be able to help you in
applying for an immigration benefit. In
addition, please see the BCIS web page that provides information on obtaining free legal advice.
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Frequently Asked Questions (FAQ’s)
Do you want further
information? Click here for access to
our Frequently Asked Questions on immigration.
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Information for Your Alien Relative
For more information on adjusting to permanent resident status, your child, son or daughter should
refer to How Do I Become a Lawful Permanent Resident While In
the United States?
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