How Can I Bring My Children to the U.S. Through Immigration?
To bring your child to the U.S., you must file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS) for each child you wish to sponsor. The timeline for approval and visa availability depends on the child’s age, marital status, and whether you are a U.S. citizen or a lawful permanent resident.
U.S. citizens can generally sponsor unmarried children under 21 as immediate relatives, with no annual cap on visas. However, children who are over 21 or married, regardless of whether their parent is a U.S. citizen or a lawful permanent resident, fall under the family preference system, which is subject to annual visa caps and waiting periods.
Trust our experienced Florida family immigration attorneys at Bassey Immigration Law Center to help you reunite with your loved ones.
Two Main Immigration Paths for Your Children
The immigration process for your children generally follows one of two main paths, depending on your own immigration status and your child’s age and marital status.
U.S. citizens and lawful permanent residents (Green Card holders) are both eligible to sponsor children, but the categories and processing times differ significantly. Understanding which path applies to your situation is the first step in determining eligibility and planning for the visa process.
Children of U.S. Citizens
For U.S. citizens, unmarried children under 21 are classified as immediate relatives under U.S. immigration law. This category is not subject to annual visa caps, meaning that once Form I-130, Petition for Alien Relative, is approved, a visa is typically immediately available. Each child must have a separate I-130 petition filed on their behalf to begin the immigration process.
Children in the Family Preference System
If your child does not qualify as an immediate relative, for example, if they are over 21, married, or you are a lawful permanent resident, they fall into one of several family preference categories, each subject to annual visa caps and potentially lengthy wait times:
These categories are:
- F1: Unmarried sons and daughters (21 or older) of U.S. citizens
- F2A: Unmarried children (under 21) of lawful permanent residents
- F2B: Unmarried sons and daughters (21 or older) of lawful permanent residents
- F3: Married sons and daughters of U.S. citizens
Visa Caps and Priority Dates
Family preference categories are subject to annual visa limits, which can create backlogs. The U.S. Department of State’s Visa Bulletin tracks visa availability and waiting periods for each category. Once your child’s priority date, the date USCIS received the Form I-130 petition, becomes “current” in the Visa Bulletin, a visa becomes available, and your child can proceed with the next steps in the immigration process.
Child Status Protection Act (CSPA)
The Child Status Protection Act (CSPA) helps children avoid “aging out” of eligibility for visa categories that require them to be under 21. Under CSPA, a child’s immigration age is adjusted by subtracting the amount of time the Form I-130 was pending from their age on the date a visa becomes available. If the result is under 21, the child may still qualify in the appropriate category.
While the calculation is straightforward, correctly applying the rule and complying with the requirement to seek a visa within one year of its availability can be complex. An experienced immigration lawyer can help ensure your child qualifies and that no deadlines are missed.
Schedule an Affordable Consultation with Bassey Immigration Law Center
Navigating the family preference system, CSPA eligibility, and the broader U.S. immigration process requires careful analysis, accurate timing, and experienced legal guidance. At Bassey Immigration Law Center, our compassionate attorneys guide families step by step, handling the legal requirements so you can focus on reuniting with your children. =Contact us to schedule an affordable family immigration consultation.
