Children

Both US citizens and Lawful Permanent Residents can apply for immigrant visas for their unmarried sons and daughters to reside with them in the United States.  However, it is important to note that only US citizens can petition for married sons and daughters.  Unfortunately at present there is no visa category for the married children of LPRs.

Visa wait times vary depending on the child’s age and marital status.  For example, an unmarried minor child (under age 21) of a US citizen is classified as an “immediate relative” and is not subject to visa number limits.  That means the only wait time an unmarried minor child of a US citizen must endure are those necessary for processing of their applications by the government.  Adult sons and daughters of US citizens, however, are subject to visa number limitations and therefore generally wait a number of years for a visa to the US.  The wait is typically longer for married children than it is for single ones.

Although it is not possible for a US citizen or LPR to directly petition for a grandchild, grandchildren can be included on their parents’ petitions as derivatives.  Derivative grandchildren must be under age 21 at the time the visa is granted, with some exceptions due to the Child Status Protection Act.


What Are You Waiting For?