Sponsoring Children & Stepchildren for U.S. Immigration

At Shah & Kishore, we understand that every parent wants the best for their child including the opportunity to live, study, and thrive in the United States. U.S. immigration law allows U.S. citizens and lawful permanent residents to sponsor their children for green cards, but the process varies significantly depending on the child’s age, marital status, and legal relationship to the sponsor.

Children are categorized into different preference groups:

• Unmarried children under 21 of U.S. citizens are considered immediate relatives, with no wait for visa availability.
• Unmarried children over 21 fall under the F1 family preference category.
• Married children of any age are placed in the F3 category, which is subject to long wait times due to annual visa quotas.
• Permanent residents can only sponsor unmarried children, and those over 21 fall under the F2B category.

We also assist with stepchildren, who may qualify as immediate relatives if the marriage between the U.S. citizen and the child’s biological parent occurred before the child turned 18. Proper documentation is essential to establish the legal relationship and eligibility.

In addition, we handle cases involving:

• Children born out of wedlock, which may require proof of a bona fide parent-child relationship.
• Adopted children, which involve specific legal and residency requirements.

Given the complexity and scrutiny of family-based immigration, working with an experienced immigration attorney is essential to ensure your petition is properly categorized, supported with strong documentation, and aligned with current immigration policies. We also help families explore strategic alternatives to avoid long wait times, including investment visas, student visas, and employment-based pathways that may allow children to enter and remain in the U.S. much sooner.

Step-by-Step: Sponsoring a Child or Stepchild for a Green Card

Step 1: Determine Eligibility and Category

• U.S. Citizens Can Sponsor:
  • Unmarried children under 21 (Immediate Relative – no wait).
  • Unmarried children over 21 (F1 category).
  • Married children of any age (F3 category).
  • Stepchildren (if marriage to biological parent occurred before child turned 18).
• Lawful Permanent Residents Can Sponsor:
  • Unmarried children under 21 (F2A category).
  • Unmarried children over 21 (F2B category).
  • Cannot sponsor married children.

Step 2: File Form I-130

• Submit Form I-130 (Petition for Alien Relative).
• Include proof of relationship:
  • Birth certificate.
  • Marriage certificate (for stepchildren).
  • Legal adoption documents (if adopted).
  • Evidence of a bona fide parent-child relationship (for children born out of wedlock).

Step 3: Wait for Priority Date to Become Current

• Immediate relatives (unmarried children under 21 of U.S. citizens) do not wait for visa availability.
• All other categories (F1, F2A, F2B, F3) are subject to visa bulletin wait times, which can range from several years to decades, especially for high-demand countries.

Step 4: Choose Processing Path

If Child is Inside the U.S.

• File Form I-485 (Adjustment of Status) when eligible.
• Child may receive:
  • Employment Authorization Document (EAD).
  • Advance Parole (AP) for travel.

If the priority date is not current, the child must maintain valid nonimmigrant status to remain in the U.S. until eligible to adjust.

If Child is Outside the U.S.

• After I-130 approval and priority date becomes current, the case moves to the National Visa Center (NVC).
• Child completes DS-260 and attends a consular interview.
• Upon entry, they become a lawful permanent resident.

Step 5: Submit Affidavit of Support

• Sponsor must file Form I-864 (Affidavit of Support).
• Must meet 125% of the Federal Poverty Guidelines.
• Joint sponsors may be used if needed.

Step 6: Interview and Final Approval

• USCIS or consular officers will verify relationship, admissibility, and financial support.
• If approved, the child receives a green card valid for 10 years.

Strategic Alternatives for Faster Entry

Due to long wait times in certain categories, our firm helps families explore faster alternatives, such as:

• Student Visas (F-1) for children pursuing education.
• Employment-Based Visas (H-1B, O-1, L-1) for qualified adult children.
• Investment Visas:
  • E-2 Treaty Investor Visa: For children from treaty countries who invest in a U.S. business.
  • EB-5 Immigrant Investor Program: For children (or families) investing $800,000+ in a qualifying U.S. enterprise, leading to a green card.
• Adjustment of Status if the child is already in the U.S. on a valid visa.
• Humanitarian or Special Programs, if applicable.

Contact Shah & Kishore for a Personalized Strategy

Whether you’re sponsoring a biological child, stepchild, or navigating complex family relationships, our team will help you choose the most efficient and legally sound path. Contact us today to explore your options and begin the process.