US Visa for Child – Sponsor Your Child to Move to USA
Family Based Sponsorship – US Citizen Parent
If you are the child of a U.S. citizen, you may be eligible for lawful permanent residence (i.e. a Green Card) based on your family relationship. In this category, a parent may sponsor their child regardless of age or marital status. However, only children who are under 21 years old and unmarried would be considered “immediate relatives”. Children who are over the age of 21 and/or married would be subject to visa backlogs based on their preference category. For up to date information on the visa backlogs for your preference category, please refer to the Department of State’s Visa Bulletin
Eligibility for Adjustment of Status
In this category, children of US Citizens who are under 21 years of age and unmarried may concurrently file the I-130 petition along with an I-485 Application to Adjust Status, provided they are physically present in the US and were lawfully admitted. If you plan to pursue this option, it is highly advisable to speak with an immigration attorney to ensure your documents are properly filed, and that you are aware of key regulations regarding the timing of your application and your ability to subsequently depart the United States.
Consular Based Green Card
Foreign nationals who are located outside the US may have their US Citizen Parent file the I-130 petition with USCIS to start their green card application process. Once the I-130 petition is approved, the case would be forward to the National Visa Center for processing of the immigrant visa application at a US Consulate / Embassy in the beneficiary’s home country. The beneficiary may travel to the US while the application is in process, provided they possess a valid visa stamp or are eligible for the visa waiver program. However, please note that if the beneficiary is traveling to the US pursuant to a nonimmigrant visa (e.g. B-2, TN, etc.), they must possess the intent to remain in the US temporarily. In other words, the beneficiary cannot permanently move to the US until their immigrant visa is approved by the US Consulate / Embassy in their home country.