Bringing your Son or Daughter to Live in the United States as Permanent Residents as a Green Card Holder, you must be either a U.S.  citizen or Permanent Resident (Green Card Holder).

Also, must know that 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 a U.S. Citizen:

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.

For a Resident Permanent (Green Card Holder):

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.

Filing for your Relative who lives in the United States

U.S. citizen:

Petitioning for your child (unmarried and under 21): Your child may file the Form I-485, Application to Register Permanent Residence or Adjust Status, at the same time that you file Form I-130.

Petitioning for your son or daughter (married and/or 21 or over): You file the Form I-130. Your son or daughter files Form I-485 when a visa becomes available.

For a Resident Permanent (Green Card Holder):

Petitioning for your child, son, or daughter: You file Form I-130. Your child, son, or daughter may file Form I-485 when a visa becomes available.

Filing for your Relative who lives outside the United States

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