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

If you are a citizen, you can petition for your non-citizen child to live in the United States through family-based immigration. The process takes into account your child’s age and marital status. It is also considered a preferential category for granting immigrant visas.

U.S. citizens and permanent residents can sponsor immediate relatives to come stay in the country permanently. Qualifying relatives can become green card holders and live and work in the U.S. This also puts them on a path to citizenship.

Immigration laws can change at any time and you should talk to an experienced immigration attorney about how to bring your children to the U.S. Contact a local immigration lawyer for legal advice.

Eligibility for Bringing Relatives to the U.S.

According to U.S. immigration law, the category for bringing a child to the U.S. depends on their age and marital status:

• Immediate Relative (IR): Unmarried children under 21
• First Preference (F1): Unmarried sons and daughters (21 or older)
• Third Preference (F3): Married sons and daughters (any age)

If your child qualifies for the First (F1) or Third (F3) preference categories, their own children (your grandchildren) may be included as derivatives in your petition. Important: Derivative status is not available for the Immediate Relative category; a separate petition would be required for a grandchild in that instance.

If you have lawful permanent resident status, you can also bring your unmarried children to the U.S. However, the preference category and processing times can be different for citizens and LPRs.

Citizens can bring other family members to the U.S., but only spouses, unmarried children under 21, and parents are considered “immediate relatives” (a category with the highest visa priority). Talk to an immigration lawyer about green card applications for your other family members.

Requirements To Request Family Reunification

Complete the Alien Relative Petition: You must submit Form I-130, Petition for Alien Relative. Sign the form and attach payment for the corresponding filing fee.

Provide 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

Name change records: 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 change

Verify family relationships: You will need additional required documentation 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 gets married)
  • Evidence of legitimation of the child under the law before the child turns 18
  • Proof of your parent-child relationship if you have never married the child’s mother
• Stepparent for stepchild:
  • 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 previous marriages, including divorce decrees or death certificates
• Adoptive U.S. citizen 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 a Petition for Alien Relative (Form I-130). The child submits Form I-485, Application to Register Permanent Residence or Adjustment of Status.

For married children living in the United States or children 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 go through the U.S. Department of State consular processing. Once USCIS approves the visa petition, the application will go 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 young children of citizens do not have a wait time for visa numbers, but processing times may vary. However, adult children and married children are subject to long backlogs.

For more details on how to request that a child come to live in the United States, visit the U.S. 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.