Bring your child to the U.S. — a green card for your son or daughter.
A U.S. citizen or permanent resident can petition for a child to get a green card. The case runs through a consulate abroad, or from inside the United States if the child is already here lawfully. The outcome turns on the parent's status, the child's age, and the clock.
- Child of a U.S. citizen. An unmarried child under 21 is an "immediate relative" (IR-2). No annual cap. No wait line.
- Child of a green-card holder. A different category (F2A). The child waits for a visa number to become available.
- "Child" has a legal meaning. Unmarried and under 21. It can include many stepchildren and adopted children.
- Mind the clock. The Child Status Protection Act can keep a child from "aging out" at 21 during processing.
- We handle the whole filing. The I-130 petition, then consular processing or adjustment of status, plus the I-864 affidavit of support.
Who counts as your "child"
Immigration law uses a specific definition of "child": unmarried and under 21. It reaches more than biological children:
- Stepchildren — if the marriage that created the step-relationship happened before the child turned 18.
- Adopted children — if the adoption happened before the child turned 16 and the child has lived in the adoptive parent's legal custody for two years. Intercountry (Hague or orphan) adoptions follow their own separate process.
- Children born abroad or out of wedlock — with the relationship documented as the statute requires.
A son or daughter who is married, or 21 or older, is still eligible. But they fall in a family-preference category with a wait, not as a "child" (see below).
Citizen's child vs. resident's child — the key difference
Which category your child falls in decides whether there is a wait for a visa number:
- Child of a U.S. citizen (unmarried, under 21) — an immediate relative, the IR-2 category: no annual cap, no wait line.
- Child of a lawful permanent resident — family second preference (F2A): numerically limited, so the child waits. The State Department tracks the wait on its monthly Visa Bulletin. When the parent naturalizes, the child upgrades to the no-wait immediate-relative category.
- Married or adult sons and daughters — the preference categories: F1 (unmarried adult of a citizen), F2B (unmarried adult of a resident), and F3 (married child of a citizen), each with its own wait.
The clock: don't let your child "age out"
If a child turns 21 (or marries) while the case is pending, they can lose the "child" category and its speed. The Child Status Protection Act (CSPA) can freeze or reduce a child's calculated age so that ordinary processing delays don't cost them their place. The math is technical, and USCIS revised it in 2025. If your child is approaching 21, this is the single most important reason to file early.
Two routes to the green card
Every case begins with the parent filing Form I-130. Where it goes next depends on whether the child is abroad or already in the U.S.:
- Child abroad — consular processing. After the petition is approved, the case moves to the National Visa Center. We prepare the immigrant visa application (DS-260) and the I-864 affidavit of support. The child interviews at a U.S. consulate and enters the U.S. as a permanent resident.
- Child already in the U.S. — adjustment of status. If the child was inspected and admitted or paroled and a visa is available, we can file Form I-485 here. For the child of a citizen, we file it together with the I-130. (See how adjustment of status works.)
Young children are often spared a separate interview. The affidavit of support still applies. We confirm the right route and the timing before anything is filed.
Where cases go wrong
- Aging out. Waiting too long, or mis-calculating CSPA age, can drop a child into a slower category or out of eligibility.
- Step- or adopted-child timing. Missing the "before 18" (step) or "before 16 plus two years" (adopted) requirements defeats an otherwise valid relationship.
- Assuming a resident's child has no wait. Only a citizen's minor child skips the visa line. An F2A child waits.
- Thin documentation of the parent-child relationship — birth records, the marriage that created a step-relationship, or the adoption decree and custody history.
How we help
We identify your child's exact category, run the CSPA age calculation, and map the fastest lawful route — consular or adjustment. We prepare and review every form and exhibit, assemble the relationship and financial evidence, manage the National Visa Center or USCIS steps, and prepare you for the interview. A licensed U.S. immigration attorney stays on the file from intake through approval.
Sources: Definition of "child" — INA § 101(b)(1) (8 U.S.C. § 1101). Immediate relatives — INA § 201(b) (8 U.S.C. § 1151); family preferences — INA § 203(a) (8 U.S.C. § 1153). Child Status Protection Act — INA § 203(h); USCIS Policy Manual, Vol. 7, Pt. A, Ch. 7. Petition — INA § 204; affidavit of support — INA § 213A. Forms — I-130, I-485, I-864. General information, not legal advice.
Tell us about your case.
A licensed U.S. immigration attorney reviews every inquiry — usually within one business day. All inquiries are confidential. Sending this form does not create an attorney-client relationship until we have agreed to represent you in writing.
Common questions.
Can I bring my child if I'm a green-card holder, not a citizen?
Yes, under the family second-preference category (F2A). Unlike the child of a U.S. citizen (an immediate relative with no wait), an F2A child waits for a visa number on the Visa Bulletin. When the parent naturalizes, the child upgrades to the no-wait category.
My child is about to turn 21 — will they age out?
Maybe not. The Child Status Protection Act can freeze or reduce a child's calculated age so ordinary delays don't cost them their place. The calculation is technical and was revised in 2025. Timing matters, so bring this to an attorney early.
Do stepchildren and adopted children qualify?
Often, if the timing is met: a stepchild if the marriage happened before the child turned 18; an adopted child if the adoption happened before 16 and the child was in the parent's legal custody for two years. Intercountry (Hague/orphan) adoptions have their own process.
My child is already in the U.S. — can they get the green card here?
If your child was inspected and admitted or paroled and a visa is available, adjustment of status (Form I-485) may be possible from inside the U.S. For a citizen's child, you file it together with the I-130.
What about a married or over-21 child?
Still eligible, but in a preference category with a wait: F1 (unmarried adult of a citizen), F2B (unmarried adult of a resident), or F3 (married child of a citizen).
Bring your child home.
Free consultation with a U.S. immigration attorney. No obligation.