Bringing Children, Sons and Daughters to Live in the United States as Permanent Residents

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. For additional clarification, please read the requirements listed below.

• Children (unmarried and under 21)
• Unmarried sons and daughters (21 or over) - Your son or daughter’s child(ren) may be included on this petition.
• Married sons and daughters (any age) - Your son or daughter’s spouse and/or child(ren) may be included on this petition.

• Children (unmarried and under 21) - Your child’s child(ren) may be included on this petition.
• Unmarried sons and daughters (21 or over) - Your son or daughter’s child(ren) may be included on this petition.

A more detailed description of who is considered a "child" in the immigration process is given below. If you or your child, son or daughter currently serves in the U.S. military, see the Military section of the website.

• Form I-130, Petition for Alien Relative (signed with proper fee)
• Evidence of your U.S. citizenship:

• A copy of your U.S. birth certificate OR
• A copy of your unexpired U.S. passport OR
• A copy of Consular Report of Birth Abroad OR
• A copy of your naturalization certificate OR
• A copy of your certificate of citizenship

• A copy (front and back) of Form I-551 (Green Card) OR
• A copy of your foreign passport bearing a stamp showing temporary evidence of permanent residence.

• A copy of your child’s birth certificate issued by civil authorities

• If the law of your or your child’s residence considers the child legitimated, you do not need to provide additional information
• If your child is not legitimated under the law, you must submit evidence that you established a bona fide father-child relationship prior to the child turning 21 or marrying. This should be evidence of emotional and/or financial involvement in the child’s life.

• A copy of your step-child’s birth certificate issued by civil authorities
• A copy of your civil marriage certificate to your step-child’s genetic or legal gestational parent
• Proof of the legal termination of all previous marriages for you and/or the genetic parent or legal gestational mother (divorce decree, death certificate, annulment decree)

• Copy of child’s original birth certificate
• Copy of the final adoption decree
• Evidence that you had 2 years of legal custody (this could have been awarded by a court prior to the final adoption decree)
• Evidence that you had 2 years of physical custody (this means time during which the child was living with you and you were exercising primary parental control)

If your child, son, or daughter is outside the United States, you file Form I-130. The petition will be sent for consular processing after it is approved and a visa is available. The U.S. Embassy or consulate will provide notification and processing information.

If you are petitioning for a step-child and have not been married to the child’s genetic parent genetic or legal gestational mother for 2 years at the time the child receives permanent residence, the child will be granted conditional permanent resident (CPR) status. Form I-751, Petition to Remove Conditions on Residence is used to remove the conditional basis of permanent residence. (Note that Form I-90, Application to Replace Permanent Resident Card is NOT used for this purpose.)

If your spouse and child became CPRs at the same time or within 90 days, the child can be included in your spouse’s petition. If the child became a permanent resident more than 90 days after your spouse, the child will need to file a separate Form I-751.

Form I-751 must be filed within the 90-day period prior to the expiration date on the conditional resident card. If you fail to file during this time, your spouse and/or your child’s status will be terminated and they may be subject to removal from the United States. For more information, see the How Do I Guides.

For immigration purposes, a child can be any of the following:

• A genetic child born in wedlock
• A genetic child born out of wedlock:
  • If the mother is petitioning, no legitimation is required.
  • If the father is petitioning, legitimation is required in accordance with the laws of the father or child’s place of residence.
  • If the father is petitioning and the relationship is not legitimated under applicable laws, a bona fide parent-child relationship must be shown to have existed prior to the child’s 21st birthday and while the child was unmarried.
  Check the Status of Your Visa Petition

  To check the status of your visa petition, see the My Case Status page.

  Can my child come to the United States to live while the visa petition is pending?

  If you are a U.S. citizen, once you file Form I-130, your child is eligible to apply for a nonimmigrant K-4 visa. This will entitle him or her to come to the United States to live and work or go to school while the visa petition is pending. To petition for this benefit, you may file Form I-129F. However, you are not required to file Form I-129F and your child does not require a K-4 visa. Your child may wait abroad for immigrant visa processing. Seeking a K-4 visa can be a method for him or her to come to the United States more quickly. For more information, see the “K3-K4 Visa” page.

  If you are a lawful permanent resident (Green Card holder) and you have filed Form I-130 for your child on or before December 21, 2000, your child may be eligible for the V visa classification if more than three years have passed since the I-130 was filed. For more information on V visas, see the V Nonimmigrant Visas page.

  For more information, visit the Adjustment of Status within the United States page and Consular Processing overseas page.

  My Petition was Denied: Can I Appeal?

  If the visa petition you filed is denied, the denial letter will tell you how to appeal and when you must file the appeal. After your appeal form and the required fee are processed, the appeal may be sent to the Board of Immigration Appeals.

  Following-to-Join Benefits

  This section is for beneficiaries who became permanent residents through a preference classification.

  If you had children who did not obtain permanent residence at the same time you did, they may be eligible for follow-to-join benefits. This means that you do not have to submit a separate Form I-130 for your children. In addition, your children will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. consulate that you are a permanent resident so that your children can apply for an immigrant visa.

  Your children may be eligible for following-to-join benefits if:

  • The relationship existed at the time you became a permanent resident and still exists, AND
  • You received an immigrant visa or adjusted status in a preference category.

  If your family member (child) falls into this category and you adjusted to permanent residency in the United States, you may submit the following:

  • Form I-824, Application for Action on an Approved Application or Petition
  • A copy of the original application or petition that you used to apply for immigrant status
  • A copy of Form I-797, Notice of Action, for the original application or petition
  • A copy of your Form I-551 (Green Card)

  If you are in the United States and have not yet filed to adjust your status to permanent resident, you can file Form I-824 for your child overseas with your Form I-485. When concurrently filing Form I-824, it does not require any supporting documentation.

  If you received the immigrant visa overseas, you may contact the National Visa Center (NVC) for follow-to-join information. Direct such inquiry by sending an e-mail to NVCInquiry@state.gov or by writing to the National Visa Center, ATTN: WC, 32 Rochester Ave., Portsmouth, NH 03801-2909.

  Related Links

  Forms

  • I-130, Petition for Alien Relative
  • I-864, Affidavit of Support Under Section 213A of the Act
  • I-485, Application to Register Permanent Residence or Adjust Status
  • I-751, Petition to Remove Conditions on Residence
  • I-824, Application for Action on an Approved Application or Petition
  • I-129F, Petition for Alien Fiance(e)
  • Family Based Forms

  Other USCIS Links