How Do You Bring Your Child to the U.S. if You Are a U.S. Citizen?

If you are a citizen, you can request that your child live in the United States through the family reunification program.

The process takes into account your child’s age and marital status. It is also considered a preferential category for granting immigrant visas.

Eligibility for Bringing Relatives To the U.S.

According to U.S. immigration law, you can bring a child to the U.S. if:

• Your child is unmarried and under 21 years old
• Your child is married (there is no age restriction)

If your child has children of their own, you can also petition to bring them to the U.S.

If you are a lawful permanent resident (you have a green card), see the section on bringing a child to live in the United States if you are a permanent resident, as there are some differences.

Requirements to Request Family Reunification

The process to bring a child to live in the United States has specific requirements:

Complete the Alien Relative Petition: You must fill out and submit Form I-130. Remember to sign the form and attach the payment of the corresponding filing fee.

Have proof of your U.S. citizenship: Submit a copy of any of the following documents that prove you are a U.S. citizen:

• U.S. birth certificate
• U.S. passport

• Consular report of birth abroad

• Certificate of naturalization

• Certificate of citizenship

Prove if your name changed: You must send a copy of one of the following documents if you changed your name:

• Marriage certificate

• Divorce decree ruling on the name change

• Adoption decree or other proof of your name or your child’s name changing

Verify family relationships: You will need additional documentation requirements to prove the relationship with your child:

• Biological mother:
  • Copy of the child’s birth certificate

• Biological father:
  • Copy of the child’s birth certificate
  • A copy of your marriage certificate with your child’s biological mother
  • Evidence of the legal termination of the marriage if you and the child’s mother are divorced
  • Evidence of an established parent-child relationship before the child has reached the age of 21 (or is married)
  • Proof of your parent-child relationship if you have never married the child’s mother

• Stepfather or stepmother:
  • Copy of the child’s birth certificate
  • Copy of the civil marriage certificate with the biological mother or father of the child
  • Proof of the legal termination of all previous marriages, including divorce decrees or death certificates

• Adoptive parents:
  • Copy of the child’s original birth certificate
  • Copy of the adoption decree
  • Evidence that you have had two years of legal custody
  • Evidence of two years of physical custody, where the child physically lived with you

Petition for a Child Already Living in the United States

A U.S. citizen filing a family reunification petition for a child already living in the United States must submit an Alien Relative Application (Form I-130). The child must apply for registration of permanent residence or adjustment of status (Form I-485). For children living in the United States who are married or over 21 years of age, U.S. citizens must also file Form I-130. Similarly, the child must present the I-485 form. As soon as an immigrant visa is available, they can apply for permanent residence (green card).

Petition for a Child Living Outside the United States

U.S. citizens applying to petition for a child living outside of the country must complete Form I-130. Once the petition is approved, the application will be sent to the U.S. consulate or embassy in your child’s home country for processing.

There, your child will have an interview with a consular officer and receive an immigrant visa that authorizes them to enter the United States. Generally, most children of United States citizens do not have to complete a waiting period for immigrant visas. For more details on how to request that a child come to live in the United States, visit the United States Citizenship and Immigration Services (USCIS) website.

Legal Assistance With the Immigration Process

If you are considering living in the United States, becoming a citizen, or petitioning immediate family members through the family reunification process, you should speak to an immigration attorney first.