The United States offers various opportunities for minor children of U.S. citizens, including biological children, stepchildren, and adopted children, to obtain permanent residency or Green Cards. This comprehensive guide will discuss the eligibility criteria, application process, and essential supporting documents required for securing Green Cards for minor children of U.S. citizens, providing a thorough understanding of the different pathways to permanent residency.
Understanding the immigration process, the eligibility requirements, and how age and marital status impact a child’s eligibility is crucial for successfully obtaining a Green Card for a child under 21.
Children under the age of 21 who are unmarried are referred to as ‘unmarried children’ under U.S. immigration law. Marital status is a key factor in eligibility: only unmarried children under 21 qualify as immediate relatives for a Green Card. If a child is married or turns 21, their eligibility changes, and they are no longer considered an immediate relative. Although still eligible to be petitioned for, the procedure and laws are quite different.
Unmarried children under 21 are considered immediate relatives and do not fall under a preference category, so there is no wait time for a visa number. However, children who are married or over 21 are placed in a preference category, which means they are subject to annual visa limits and waiting periods.
The process for obtaining permanent residency for a biological child – as well as for a stepchild – depends on their current location (inside or outside the U.S.) and their method of entry into the country.
If the child’s entry into the United States was with a valid visa (e.g., as a tourist), they could apply for an adjustment of status, even if their visa has expired. If the child entered the U.S. unlawfully, they must apply for consular processing at a U.S. consulate overseas.
For children residing outside the United States, they can obtain a Green Card through an alien relative petition (Form I-130) and consular processing at a U.S. consulate in their home country. The U.S. citizen parent, as the citizen petitioning for their child’s green card, must file the I-130 petition and provide documentation to establish the child’s relationship to the petitioner.
Once the I-130 is approved, the National Visa Center (NVC) will notify the child when a visa number is available. The priority date, which is the date the I-130 petition is filed, determines when the child’s application can proceed, especially if the child falls under a preference category.
Stepchildren of U.S. citizens are eligible for permanent residency as immediate relatives if the marriage creating the step relationship occurred before the child turned 18. In this case, the U.S. citizen stepparent must file an I-130 immigrant visa petition for each eligible stepchild.
The process for obtaining a Green Card for stepchildren is similar to that of biological children, with adjustment of status available for those in the U.S. and consular processing for those outside the country. Conversely, if a permanent resident is filing for a spouse, all children under 21 at the time of the permanent resident application fall under the alien relative petition, although each child will be required to file a permanent resident application.
It is essential to note that the relationship between the stepchild and the U.S. citizen must be proven through supporting documents, including but not limited to a marriage certificate of the U.S. citizen and the child’s biological parent, divorce or death certificates, and possibly evidence of acknowledgement that the child was born out of wedlock. Additionally, evidence of the child’s age, such as a birth certificate or passport, must be provided.
Adopted children of U.S. citizens can be eligible for Green Cards as immediate family members if specific conditions are met. These conditions include being adopted before turning 16 and, if not an orphan, living with a U.S. citizen parent for at least two years before turning 16. An exception exists for children between the ages of 16 and 18 if the U.S. citizen parent is also petitioning for an adoptive sibling under the age of 16. While this process secures permanent residency, the journey to full citizenship involves additional important steps. For a complete walkthrough, see our guide on U.S. Citizenship for Adopted Children.
For orphans, there is no requirement to live with the adoptive parent before becoming eligible for a Green Card, provided the adoption took place before the child’s 16th birthday. To adopt an orphan, the U.S. citizen parent must file Form I-600, Petition to Classify Orphan as an Immediate Relative, or Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative, depending on whether the child is from a Hague Convention country or not.
When applying, you must provide a certified copy of the final adoption decree as part of the required documentation. If the child born abroad is subsequently adopted, additional documentation may be required to establish eligibility for U.S. citizenship and immigration benefits.
The Hague Adoption Convention is an international agreement that establishes safeguards to ensure that intercountry adoptions take place in the best interests of the child. If the child is from a Hague Convention country, the adoption process must follow the convention’s guidelines, and the U.S. citizen parent must file Form I-800. If the child is not from a Hague Convention country, the parent must file Form I-600.
The application process for obtaining a Green Card for minor children of U.S. citizens involves filing the appropriate petitions with the United States Citizenship and Immigration Services (USCIS), submitting various supporting documents, attending a biometrics appointment (if applying for an adjustment of status), and undergoing an interview with a consular officer (if applying for consular processing). These steps are essential for establishing eligibility for immigration purposes.
For all categories of eligible children, the U.S. citizen parent must file the appropriate petition (Form I-130 for biological and stepchildren, Form I-600 or I-800 for most adopted children) with USCIS. It is important to understand the correct visa classification for the child’s application, as this affects eligibility and processing. Once the petition is approved and a visa number is available, the child can either apply for an adjustment of status if they are in the U.S. or proceed with consular processing if they are abroad.
If applying for an adjustment of status, the child must file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS. In some cases, such as when the child’s permanent resident status is based on a recent marriage of the parent, the child may be granted conditional residence and will receive a conditional resident card.
Children who are granted conditional permanent resident status must later file to remove conditions, typically by submitting Form I-751. During the application process, the child may be required to attend a biometrics appointment and an interview with a USCIS officer.
For consular processing, the child must complete the online DS-260 application form and submit the required documentation to the NVC. Once the NVC has reviewed the application, they will schedule an interview at the U.S. consulate in the child’s home country.
At the interview, a consular officer will determine the child’s eligibility for a Green Card application.
If approved, the child will receive an immigrant visa and can travel to the United States. Upon arrival, they will be granted permanent residence and will receive their physical permanent resident card in the mail as proof of status. If the permanent resident card is lost or needs to be updated, the applicant must file Form I-90 to replace the permanent resident card.
When filing the necessary petitions and applications, the U.S. citizen parent and the child must submit various supporting documents, including:
Additional documentation may be required depending on the specific circumstances of the case, such as evidence of termination of prior marriages for stepchildren or adoption decrees for adopted children.
If the application is denied, the applicant will receive a denial letter explaining the reasons for the decision. The denial letter will also provide instructions on how to file an appeal form if the applicant wishes to challenge the decision. The appeal process may involve submitting the appeal form to the Board of Immigration Appeals, and applicants should be aware of the procedures and deadlines for immigration appeals.
The pathway to permanent residency for minor children of U.S. citizens, green card holders, and lawful permanent residents—including biological children, stepchildren, and adopted children—requires a comprehensive understanding of eligibility criteria, application processes, and submission of essential supporting documents.
Understanding the correct preference category is crucial for green card holders and permanent residents petitioning for their children, as it determines waiting periods and eligibility for adjustment of status. By following the proper procedures and obtaining the necessary guidance, these children can secure Green Cards and enjoy the benefits of living, studying, and working in the United States, paving the way for a stable and secure future.
The process can be lengthy and may require the submission of various supporting documents. However, with proper preparation and guidance, it is possible for these children to become lawful permanent residents of the United States, allowing them to live, study, and work in the country while also enjoying the benefits of a stable and secure future.
Our immigration attorneys, based in New York, have a proven track record in guiding numerous families through the complexities of the U.S. immigration system, ultimately reuniting them with their loved ones. We encourage you to reach out to us for assistance and to discuss your unique circumstances. For personalized guidance, consult an immigration attorney or experienced immigration attorney to help navigate the process and avoid unnecessary delays.
English 
Español