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How Do I Bring My Children to Live in the United States?

A lawful immigrant is a non-citizen who has been granted the privilege of living and working permanently in the United States. A child is defined under the immigration law as an unmarried person under the age of 21.
The definition of a child includes:

* A stepchild if the parent's marriage took place before the child reached the age of 18

* A child born out of wedlock if the child has a "bona-fide" relationship with the parent who is filing the petition

* An adopted child if the child was adopted before the age of 16 and has lived with the adoptive parent(s) for at least two years

* A child who is considered an orphan under the immigration law

* An adopted child under the age of 18 who is the natural sibling of an orphan or adopted child under the age of 16, if adopted with or after the sibling.

Lawful Permanent Residents

If you are a lawful permanent resident you may petition for a minor child or an unmarried son or daughter over the age of 21. Your child must go through a three-step process to become a lawful immigrant. First, the USCIS must approve an immigrant petition (application), Form I-130 Petition for Alien Relative that you file for your child. Second, the State Department must give your child an immigrant visa number, even if your child is already in the United States. Third, if your child is already in the United States, your child may apply to adjust to permanent resident status when a visa number becomes available. If your child is outside the United States when an immigrant visa number becomes available, your child will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa.

U.S. Citizens

If you are a U.S. citizen, your minor child (unmarried and under 21 years of age) will be considered an "immediate relative" and will receive an immigrant visa to enter the United States. To receive an immigrant visa you must prove your relationship to your child and your child must be admissible under the immigration law. You will need to file a Form I-130 Petition for Alien Relative.

You may also file a petition for an unmarried son or daughter over the age of 21 or a married son or daughter under the preference classifications by filing a Form I-130 Petition for Alien Relative. After the petition is approved by the US Citizenship and Immigration Services, the State Department will give your son or daughter an immigrant visa number as soon as a number is available. You may file a Form I-485, Application for Adjustment of Status to Permanent Resident at the same time. However the application for adjustment of status will not be considered until a visa number is immediately available and the petition for immediate relative or preference classification is approved.

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