The age and marital status of your children are important factors in the immigration process. For immigration purposes, a “child” is defined as being unmarried and under 21, whereas if a person is married and/or over 21, that person is defined as a “son” or “daughter”.
If you are a:
- S. citizen, you may petition for
- Children (unmarried and under 21)
- Unmarried sons and daughters (21 or over) – Your son or daughter's child(ren) may be included on this petition.
- Married sons and daughters (any age) – Your son or daughter's spouse and/or child(ren) may be included on this petition.
- Permanent resident (green card holder), you may petition for
- Children (unmarried and under 21) – Your child's child(ren) may be included on this petition.
- Unmarried sons and daughters (21 or over) – Your son or daughter's child(ren) may be included on this petition.
Required Documentation
- Form I-130, Petition for Alien Relative(signed with proper fee)
- Evidence of your U.S. citizenship:
- A copy of your U.S. birth certificate;
- A copy of your unexpired U.S. passport;
- A copy of Consular Report of Birth Abroad;
- A copy of your naturalization certificate; OR
- A copy of your certificate of citizenship
- If you are a permanent resident, you must demonstrate your status with:
- A copy (front and back) of Form I-551 (green card) OR
- A copy of your foreign passport bearing a stamp showing temporary evidence of permanent residence.
- If your name or your child's name has changed, proof of legal name change (may include marriage certificate, divorce decree, adoption decree, court judgment of name change, etc.)
- Proof of relationship
Filing for Your Relative Who Lives in the United States
If you are a:
- S. citizen petitioning for your child (unmarried and under 21), then your child may file Form I-485, Application to Register Permanent Residence or Adjust Status, at the same time that you file Form I-130.
- S. citizen petitioning for your son or daughter (married and/or 21 or over), then you file Form I-130. Your son or daughter files Form I-485 when a visa becomes available
- Permanent resident (green card holder) petitioning for your child, son, or daughter, then you file Form I-130. Your child, son, or daughter may file Form I-485 when a visa becomes available.