Reuniting with your adult children who are living abroad can be a complex process if you are a green card holder in the U.S. This guide simplifies the steps needed to prepare and submit Form I-130, the initial visa petition, to help bring your adult son or daughter to the United States as a lawful permanent resident.
Knowing the Basics
Who Can Petition?
As an American green card holder, you can petition for your foreign-born children who are twenty-one or older.
The Role of Form I-130
To start the process, you need to prepare and submit Form I-130 to the U.S. Citizenship and Immigration Services and If you have more than one adult child to petition for, you must file a separately for each.
The Approval and Beyond
Once approved, your child becomes a second preference relative in the F2B category of the family-based visa system.
Understanding Quotas and Wait Times
Visas in the F2B category are limited by annual quotas, which can result in a lengthy wait time after the approval which is determined by the “priority date” when USCIS receives your petition.
Immediate Relatives vs. Preference Relatives
Unlike immediate relatives of U.S. citizens, such as spouses or children under 21, who do not have to wait for visa availability, preference relatives must wait until a visa becomes available.
Who Qualifies as a “Son or Daughter”?
To petition for your adult child, they must meet the U.S. immigration law’s definition which includes:
Natural-born children of married parents.
Natural-born children of unmarried parents but additional proof may be required if the father is petitioning.
Stepchildren, if the marriage creating the step relationship happened before the child turned 18.
Age Considerations
If you started the immigration process for your child before they turned 21, and they turned 21 before getting a green card, their category changes from F2A to F2B, which typically means a longer wait. However, under the Child Status Protection Act (CSPA), their age might be calculated differently to help them remain eligible.
Estimated Processing Times
The time it takes for your adult child to immigrate depends on demand in the F2B category from their home country. This category has an annual worldwide limit of about 26,000 slots, and some countries have longer wait times.
Potential Issues for Unlawful Presence
If your adult child is living in the U.S. without proper authorization, they may be ineligible for a green card. Consult an immigration attorney to address these issues.
General Instructions for Filling Out Form I-130
1: Relationship
- Check “Child.”
- Select the description that matches your relationship (e.g., “Biological child”).
- Leave blank.
- Indicate if you were adopted.
2: Information About You (Petitioner)
- Provide details about yourself, including your Alien Registration Number, Social Security Number, full name, address history, and marital status.
3: Biographic Information
- Fill in your biographic information.
4: Information About Beneficiary
- Provide your adult child’s biographic and contact information, including any previous immigration history.
5: Other Information
- Detail any previous immigration petitions you have filed.
6: Signatures and Declarations
Complete the sections for your signature, and if applicable, for an interpreter or preparer.
Required Supporting Documents
Submit the following with Form I-130:
- Proof of U.S. permanent residency (copy of green card).
- Proof of relationship (birth certificates, marriage certificates, etc.).
- Two passport-style photos of you and your child.
- The correct filing fee (check the USCIS website for current fees).
- Mailing Your I-130 Petition
- Send your completed Form I-130 and supporting documents to the appropriate USCIS address. Check the USCIS website for the correct address.
Application Status and Notifications
After submission, you’ll receive a receipt notice with a receipt number to track your case online. Keep your address updated with USCIS to avoid missing important notifications.
Responding to Requests for Evidence (RFE) or Interviews
USCIS may request additional information or schedule an interview. Respond promptly and bring all necessary documents.
After I-130 Approval: Visa Availability and Consular Processing
Upon approval, the National Visa Center (NVC) will handle the next steps, including visa availability and scheduling an interview at the U.S. embassy or consulate in your child’s home country.
Adjustment of Status (If Already in the U.S.)
If your child is already in the U.S. with lawful status, they may apply to adjust their status without leaving the country by filing Form I-485.
Entering the United States
Once the immigrant visa is approved, your child will receive a visa packet to present at the U.S. port of entry.
Reuniting with your adult children through U.S. immigration requires careful preparation and adherence to guidelines. Consult with an immigration attorney or support organization to navigate the process smoothly and stay informed of any changes in immigration laws and policies.
