Children
Children of U.S. citizens
may obtain permanent residency in the United States . As long
as the petition for an immigrant visa is filed before the child
turns 21, the child qualifies as an immediate relative, and,
therefore, the procedure to adjust status takes less time.
Children over 21 qualify
under the first preference category. Children in this category
must wait until a visa becomes available before they can enter
the United States as a permanent resident. The State Department's
Visa
Bulletin shows the wait for visas for each of the preference
categories (waiting period for the first preference category
is approximately 6 to 8 years).
An adopted child qualifies
as long as the adoption was finalized before the child's 16th
birthday. The adoptive parents must have legal custody of the
child for two years before or after the adoption. The
child must reside with the adoptive parents for two years before
or after the adoption.
A step-child qualifies
as a child, if the marriage occurred before the step-child's
18th birthday.
Application
Procedure if Inside the United States
If the child is already
in the United States in another nonimmigrant status, the U.S.
citizen parent can file an immigrant petition and an application
to adjust status at the same time. Once the petition and application
are approved, the child is a permanent resident of the United
States.
Application
Procedure if Outside the United States
If the child is outside
of the United States, the U.S. citizen must file an immigrant
petition with the U.S. Citizenship and Immigration Services
(USCIS). The petition should request that the USCIS notify a
U.S. Consulate in the country where the child lives. If the
child is over 21 years old or married, the child must wait until
a visa becomes available. The State Department's National Visa
Center then sends a series of forms called a “Packet 3.”
After the necessary forms are completed, the child goes to the
U.S. Consulate to apply for an immigrant visa. The child
is a permanent resident when he or she enters the United States
with the immigrant visa.
Immediate family members
of a child of a U.S. citizen may be eligible to immigrate to
the United States. If the child of a U.S. citizen is married,
the spouse is eligible to accompany their wife or husband in
immigrating to the United States. If the child of a U.S.
citizen has children of their own, those children may immigrate
with their parent if their parent is either married or over
21. These categories are subject to numerical limits,
which are described in the Visa
Bulletin.
