Family-Based Green Card for a Child, Son, or Daughter

A U.S. citizen or lawful permanent resident (Green Card holder) may file Form I-130, Petition for Alien Relative, for certain eligible children, sons, or daughters to begin the family-based immigration process.

For immigration purposes, age and marital status are important:

• A “child” generally means an unmarried person under 21 years of age.
• A “son or daughter” generally refers to a person who is 21 years of age or older, or who falls within another applicable family-preference category.

For a U.S. Citizen

A U.S. citizen may petition for:

• Unmarried children under 21 — Immediate Relative category.
• Unmarried sons or daughters age 21 or older — Family First Preference (F1).
• Married sons or daughters of any age — Family Third Preference (F3).

For an unmarried child under 21, an immigrant visa is immediately available because this relationship is classified as an immediate relative.

If the child is already in the United States and is otherwise eligible to adjust status, Form I-130 and Form I-485 may generally be filed concurrently.

Adult unmarried and married sons or daughters fall under family-preference categories and generally must wait until an immigrant visa is available before completing the permanent residence process.

For a Lawful Permanent Resident

A lawful permanent resident may petition for:

• Unmarried children under 21 — Family Second Preference (F2A).
• Unmarried sons or daughters age 21 or older — Family Second Preference (F2B).

A lawful permanent resident cannot petition for a married son or daughter. If the petitioner later becomes a U.S. citizen, the applicable immigration category may change.

Because F2A and F2B are family-preference categories, visa availability is an important part of determining when the beneficiary may proceed to the next stage.

If Your Son or Daughter Is in the United States

The process generally begins with Form I-130. Whether the beneficiary may also file Form I-485, Application to Register Permanent Residence or Adjust Status, depends on the immigration category, visa availability, and individual eligibility to adjust status.

If Your Son or Daughter Is Outside the United States

The process generally begins with Form I-130. After USCIS approves the petition, the case may proceed through the National Visa Center (NVC) and the appropriate U.S. Embassy or Consulate.

For family-preference categories, the case can move forward with immigrant visa processing when a visa becomes available.

Important

Approval of Form I-130 does not automatically grant a Green Card or guarantee approval of an immigrant visa.

The appropriate process depends on the petitioner’s immigration status, the beneficiary’s age, marital status, location, visa availability, and individual circumstances.

Colombia★USA Inmigración LLC provides administrative assistance with the preparation and organization of immigration forms and documents. We do not provide legal advice or legal representation.