How Does a Permanent U.S. Resident Bring Their Child to the U.S.?

A permanent resident (green card holder) can petition to bring their child or other family members to legally live in the country. This process is known as “family reunification.” The qualifications for children depend on their age and marital status.

Under U.S. immigration laws, the process for bringing your children to live in the U.S. varies based on their category. This depends on whether the children are:

• Unmarried children under 21 years of age
• Unmarried children who are over the age of 21

The immigration process for relatives can change based on the most recent immigration laws. Talk to a local immigration lawyer for legal advice about family-based immigration for permanent residents.

What Documents Do You Need To Ask a Child for Family Reunification?

As with other applications for a foreign relative, the lawful permanent resident (LPR) who wishes to sponsor a child must:

• Meet the eligibility requirements
• Submit Form I-130, Petition for Alien Relative
• Pay the filing fees

Permanent residents must also present proof of residence. To do this, you must send a copy (both sides) of your permanent residence card, also known as a “green card“.

You also need proof of the biological relationship with the child. This generally includes the child’s birth certificate and other additional documentation, depending on the parent and child relationship:

• Biological mother: Provide the child’s birth certificate as proof of the relationship.
• Biological father: Copy of the marriage certificate with the biological mother of the child, or proof of dissolution of marriage, or other proof of paternity if there is no marriage. Children born out of wedlock may need proof of legitimation.
• Stepparent: A copy of your civil marriage certificate to the child’s biological parent, showing the marriage occurred before the child’s 18th birthday, and copies of documents showing the legal termination (divorce decree or death certificate) of all prior marriages for both you and the child’s biological parent.
• Adoptive parents: Copy of the final adoption resolution and proof that they have had legal and physical custody of the adopted child for two years.

Bringing Children to the U.S. From Their Home Country?

If your child is outside the United States, your petition will go to the National Visa Center (NVC). If the application is approved, then the NVC will send your application to the U.S. embassy where your child lives to go through the consular process.

There you must wait until a visa is available in your family preference category as a foreign relative. Talk to an immigration attorney to find out about the consular process for bringing your child to the U.S.

How To Apply for a Child Who Already Lives in the United States?

Permanent residents who file a petition for an unmarried son or daughter already living in the U.S. can also do so through the Alien Relative Petition (Form I-130).

If the petition is approved, the child can file an application for permanent residence registration or adjustment of status (Form I-485) when an immigrant visa is available.

The processing time depends on the family relationship between the child and the petitioner and the sponsor’s legal status. After processing, there are long backlogs, which can take five years or more for a visa to become available.

If you need more information, consult the U.S. Citizenship and Immigration Services (USCIS).

Bringing Other Relatives to the U.S.

The legal process for bringing children to the U.S. can differ if you are a U.S. citizen or permanent resident. Generally, LPRs cannot petition to bring their married sons or daughters to the U.S. However, after an LPR goes through naturalization and becomes a citizen, they can file a visa petition for their married children to come to the U.S. 

U.S. citizens can bring their immediate family relatives, such as spouses, unmarried children under 21, and parents, to the U.S. without waiting for a visa number, but they must still complete the petition and consular processing steps.

U.S. immigration laws can change at any time. For more information about how you can reunite with your family in the U.S., talk to an immigration attorney.