Petitioning for Children (Minor and Adult) of U.S. Citizens

👶 Who Qualifies as a “Child” Under U.S. Immigration Law?

U.S. immigration law treats children differently depending on age and marital status:

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✅ Petitioning for Minor Children (Under 21, Unmarried)

• Form to File: I-130 (Petition for Alien Relative)

• Category: Immediate Relative – no visa cap

• Wait Time: Typically fast – usually under 1 year

• Adjustment of Status or Consular Processing: Depends on whether child is in the U.S. or abroad

• Children of Children (Derivatives): Not eligible for derivative green card as immediate relatives

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📅 Petitioning for Adult Children

1. Unmarried Adults (21+) – F1 Category

• Form: I-130

• Visa Cap: Yes – subject to annual limits

• Wait Time: 7–10+ years

• Derivative Beneficiaries: Yes – their children can immigrate as dependents

2. Married Adults – F3 Category

• Form: I-130

• Visa Cap: Yes

• Wait Time: Often 13–20+ years

• Derivative Beneficiaries: Yes – spouses and minor children included

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📝 Documents Needed

• Proof of U.S. citizenship (passport, naturalization certificate)

• Child’s birth certificate showing parental relationship

• If adopted or stepchild: legal adoption papers or marriage certificate showing step-relationship

• Proof of termination of previous marriages (if applicable)

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⚠️ Important Notes

• Filing early is essential to lock in the priority date for capped categories.

• If your child is turning 21 soon, Child Status Protection Act (CSPA) may help preserve their “minor” status.

• Marital status affects eligibility – unmarried vs. married changes category and wait time.

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📞 Contact Borderless Lawyers for personalized advice on petitioning your children and maximizing success based on age, location, and visa category.