How to petition your child

Bringing Children, Sons and Daughters to Live in the United States as Permanent Residents

The age and marital status of your children are important factors in the immigration process. For immigration purposes, a “child” is an unmarried person under 21 years of age. A “son” or “daughter” is a person who is married or is 21 years of age or older. For additional clarification, please read the requirements listed below.

A more detailed description of who is considered a "child" in the immigration process is given below. If you or your child, son or daughter currently serves in the U.S. military, see the Military section of the website.

• 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 OR
  • A copy of your unexpired U.S. passport OR
  • A copy of Consular Report of Birth Abroad OR
  • 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 (see chart below for case-specific requirements)

If you are a. ..	Then...
U.S. citizen petitioning for your child (unmarried and under 21)	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
U.S. citizen petitioning for your son or daughter (married and/or 21 or over)	You file Form I-130. Your son or daughter files Form I-485 when a visa becomes available. See the Visa Bulletin and Green Card pages.
Permanent resident (Green Card holder) petitioning for your child, son, or daughter	You file Form I-130. Your child, son, or daughter may file Form I-485 when a visa becomes available. See the Visa Bulletin and Green Card pages.

If your child, son, or daughter is outside the United States, you file Form I-130. The petition will be sent for consular processing after it is approved and a visa is available. The U.S. Embassy or consulate will provide notification and processing information.

If you are petitioning for a step-child and have not been married to the child’s genetic parent genetic or legal gestational mother for 2 years at the time the child receives permanent residence, the child will be granted conditional permanent resident (CPR) status. Form I-751, Petition to Remove Conditions on Residence is used to remove the conditional basis of permanent residence. (Note that Form I-90, Application to Replace Permanent Resident Card is NOT used for this purpose.)

If your spouse and child became CPRs at the same time or within 90 days, the child can be included in your spouse’s petition. If the child became a permanent resident more than 90 days after your spouse, the child will need to file a separate Form I-751.

Form I-751 must be filed within the 90-day period prior to the expiration date on the conditional resident card. If you fail to file during this time, your spouse and/or your child’s status will be terminated and they may be subject to removal from the United States. For more information, see the How Do I Guides.

For immigration purposes, a child can be any of the following:

• A genetic child born in wedlock
• A genetic child born out of wedlock:
  • If the mother is petitioning, no legitimation is required.
  • If the father is petitioning, legitimation is required in accordance with the laws of the father or child’s place of residence.
  • If the father is petitioning and the relationship is not legitimated under applicable laws, a bona fide parent-child relationship must be shown to have existed prior to the child’s 21st birthday and while the child was unmarried.
• A child born through Assisted Reproductive Technology (ART) to a non-genetic gestational mother who is recognized under the law of the relevant jurisdiction as the child’s legal parent at the time of the child’s birth.
• A step-child, as long as the marriage creating the step-relationship occurred before the child turned 18
• An adopted child if the child was adopted before age 16 (or before their 18th birthday, if certain circumstances described on the Adoption-Based Family Petition Process or Adoption-Based Form I-130 Process page apply), AND the adoptive parent has satisfied 2-year legal custody and joint residence requirements. (The legal custody and joint residence do not have to be during the same time period, but each must be met for a cumulative 2-year period.) NOTE: Most adoption-based immigration occurs through the orphan  or Hague processes. If you are considering pursuing the Adoption-Based Form I-130 Process, you should review certain eligibility considerations. See the Adoption pages for more information.

To check the status of your visa petition, see the My Case Status page. 

If you are a U.S. citizen, once you file Form I-130, your child is eligible to apply for a nonimmigrant K-4 visa. This will entitle him or her to come to the United States to live and work or go to school while the visa petition is pending. To petition for this benefit, you may file Form I-129F. However, you are not required to file Form I-129F and your child does not require a K-4 visa. Your child may wait abroad for immigrant visa processing. Seeking a K-4 visa can be a method for him or her to come to the United States more quickly. For more information, see the “K3-K4 Visa” page.

If you are a lawful permanent resident (Green Card holder) and you have filed Form I-130 for your child on or before December 21, 2000, your child may be eligible for the V visa classification if more than three years have passed since the I-130 was filed. For more information on V visas, see the V Nonimmigrant Visas page.

For more information, visit the Adjustment of Status within the United States page and Consular Processing overseas page.

If the visa petition you filed is denied, the denial letter will tell you how to appeal and when you must file the appeal. After your appeal form and the required fee are processed, the appeal may be sent to the Board of Immigration Appeals.  For more information, see the How Do I Guides.

This section is for beneficiaries who became permanent residents through a preference classification.

If you had children who did not obtain permanent residence at the same time you did, they may be eligible for follow-to-join benefits. This means that you do not have to submit a separate Form I-130 for your children. In addition, your children will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. consulate that you are a permanent resident so that your children can apply for an immigrant visa.

Your children may be eligible for following-to-join benefits if:

• The relationship existed at the time you became a permanent resident and still exists, AND
• You received an immigrant visa or adjusted status in a preference category.

If your family member (child) falls into this category and you adjusted to permanent residency in the United States, you may submit the following:

• Form I-824, Application for Action on an Approved Application or Petition
• A copy of the original application or petition that you used to apply for immigrant status
• A copy of Form I-797, Notice of Action, for the original application or petition
• A copy of your Form I-551 (Green Card)

If you are in the United States and have not yet filed to adjust your status to permanent resident, you can file Form I-824 for your child overseas with your Form I-485. When concurrently filing Form I-824, it does not require any supporting documentation.

If you received the immigrant visa overseas, you may contact the National Visa Center (NVC) for follow-to-join information. Direct such inquiry by sending an e-mail to [email protected] or by writing to the National Visa Center, ATTN: WC, 32 Rochester Ave., Portsmouth, NH 03801-2909.

More Information

• How Do I Help My Relative Become a Permanent Resident? (Guide for U.S. Citizens) (PDF, 688.27 KB)
• How Do I Help My Relative Become a Permanent Resident? (Guide for Permanent Residents) (PDF, 577.38 KB)
• How Do I Immigrate an Adopted or Prospective Adopted Child or Help My Adopted Child Become a U.S. Citizen or U.S. Permanent Resident? (PDF, 230.33 KB)

Forms

• I-130, Petition for Alien Relative
• I-864, Affidavit of Support Under Section 213A of the Act
• I-485, Application to Register Permanent Residence or Adjust Status
• I-751, Petition to Remove Conditions on Residence
• I-824, Application for Action on an Approved Application or Petition
• I-129F, Petition for Alien Fiance(e)
• Family Based Forms

Other USCIS Links

• Adjustment of Status
• Adoption
• Consular Processing

Direct Filing Addresses for Form I-130, Petition for Alien Relative

The filing location for your Form I-130, Petition for Alien Relative, depends on where you live and if you are filing Form I-485, Application to Register Permanent Residence or Adjust Status, at the same time (this is called “concurrent filing”).

You can file your Form I-130 online. If you choose to mail your form instead, use the table below to find the correct filing address.

Applications and petitions that are not mailed to the appropriate filing location may experience processing delays.

*You may request to file at the U.S. Embassy or Consulate in certain limited circumstances, as described in USCIS Policy Manual, Volume 6, Part B, Chapter 3, if you:

• Reside outside of the United States;
• Are a U.S. citizen; and
• Are filing your Form I-130 for your immediate relative (your spouse, your unmarried child under the age of 21, or your parent (if you are 21 years of age or older)).

For a list of U.S. Embassies and Consulates, please consult the Department of State’s website at travel.state.gov.

From May 1, it will be possible to apply for a new payment for children from 8 to 17 years old

RIA Novosti

The document establishes a unified procedure and conditions for the payment of benefits. In the future, after the child reaches the age of 8, all needy families with an average per capita income below the subsistence level established in the region of residence will be able to apply for it. If the application is received within six months from the date of birth, then the payment will be assigned from the moment he turns eight years old, in other cases - from the date of application for it. nine0003

You can apply on the public services portal, at the MFC or the Pension Fund. The amount of the allowance can be 50%, 75% or 100% of the child's living wage in the region of residence. If, taking into account the payment of 50%, the average per capita income of the family does not exceed the regional subsistence level per capita, then the amount of the benefit will be increased to 75% of the maximum amount of the payment or it will be set at 100%. Every year after January 1, they plan to increase the allowance to a new subsistence level. nine0003

For his appointment, the complex needs of a family consisting of parents (guardians or adoptive parents) and children under the age of 18 (up to 23 years if they study full-time in an educational organization) will be assessed. Income will be calculated for the 12 months ending four months prior to the date of application for benefits. Payments received under a social contract or from materiel funds, tax deductions, benefits for non-working citizens who care for a disabled child, past payments and alimony for an older child who has reached 18 years of age, as well as targeted funds received from the state for the acquisition of property are not taken into account. . nine0003

If you apply for a monthly payment before October 1, 2022, the allowance will be accrued from April 1

When the payment is made, the family's property is also assessed. It may be denied if the family owns several apartments and the living area per family member exceeds 24 sq. m, several houses and the area for each family member exceeds 40 sq. m, more than one car, and if the family has many children - more than two. Transport that is wanted or under arrest, as well as any property (including housing) acquired at the expense of targeted subsidies, is not taken into account. nine0003

The basis for refusing to assign a payment will be the lack of income of able-bodied family members during the entire billing period, unless there are good reasons for this. Among them may be, for example, caring for a child under three years old or a person with a disability, long-term treatment, academic leave for student parents. The "zero income" rule does not apply to a woman if at the time of application she was pregnant for a period of 12 weeks or more, as well as if 6 months of pregnancy fell within the period for calculating the average per capita income. nine0003

You can make a payment for each child in the family who is 8 years old but not yet 17 years old.

Rossiyskaya Gazeta - Federal issue: No. 82(8730) Rossiyskaya Gazeta - Stolichny issue: No. 82(8730)

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Pensions and allowancesMaternity and child benefits

Article 16. Application for the birth of a child \ ConsultantPlus

Article 16. Application for the birth of a child

1. Parents (one of the parents) declare the birth of a child orally or in writing to the civil registry office or a multifunctional center for the provision of state and municipal services, which is empowered in accordance with clause 2.2 Article 4 of this Federal Law, or send an application for the birth of a child in the form of an electronic document through a single portal of state and municipal services and regional portals of state and municipal services. The application for the birth of a child, which is sent in the form of an electronic document, is signed with a simple electronic signature of the applicant. nine0003

(as amended by Federal Laws No. 517-FZ of December 31, 2014, No. 438-FZ of December 29, 2017)

(see the text in the previous edition)

about the birth of a child, a statement about the birth of a child can be made by a relative of one of the parents or another person authorized by the parents (one of the parents) or an official of a medical organization or an official of another organization in which the mother was during childbirth or the child is. nine0003

3. Simultaneously with the submission of an application for the birth of a child, a document confirming the fact of the birth of a child must be submitted, as well as documents proving the identity of the parents (one of the parents) or the identity of the applicant and confirming his authority, and documents that are the basis for entering information about the father in the record of the birth of the child.

4. If the birth of a child is confirmed by a statement from a person who was present during the birth, such a statement must be submitted to the civil registry office or the multifunctional center for the provision of state and municipal services, which is empowered in accordance with paragraph 2.2 of article 4 of this Federal Law, in accordance with the rules established by paragraphs 2 and 3 of Article 14 of this Federal Law. nine0003

(as amended by the Federal Law of December 29, 2017 N 438-FZ)

(see the text in the previous edition)

gestation, along with a document confirming the fact of the birth of a child, a document issued by a medical organization and confirming the fact of obtaining the consent of the woman who gave birth to the child (surrogate mother) must be submitted to record the indicated spouses as the parents of the child.

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