To apply for an immigrant visa for your child over 21 years old who resides outside the U.S., you must be either a U.S. citizen or a lawful permanent resident. If you are a U.S. citizen, you can apply for your children over 21, including married and unmarried children. If you are a lawful permanent resident (green card holder), you can apply for your unmarried children over 21.
In your situation, if you file Form I-130 for your child before his 21st birthday, his age will be “frozen.” Even if he turns 21 during the application process, his case will still be categorized as a child under 21. You still have to wait for USCIS to process his application, but he will not have to endure a long visa backlog.
To apply for an immigrant visa for your unmarried child under the age of 21 who lives outside the U.S., you must be a U.S. citizen or lawful permanent resident (a green card holder). There are three steps to apply for an immigrant visa for your child.
As a lawful permanent resident, you may submit visa applications for the following family members: (1) your spouse, (2) your unmarried children under the age of 21, and (3) your unmarried children over the age of 21. When immigrating to the U.S., the spouse of a permanent resident may bring his or her unmarried child under the age of 21 years old as a “derivative beneficiary.”
A U.S. citizen or lawful permanent resident (a green card holder) can apply for a green card for an unmarried child under the age of 21. During the application process, the U.S. petitioner must prove the existence of a parent-child relationship. If the U.S. petitioner is the child’s mother, the mother just needs to provide the child’s birth certificate.
A U.S. citizen or lawful permanent resident can apply for a green card for a stepchild if the following conditions are met: (1) The U.S. citizen or green card holder married the stepchild’s biological parent before the stepchild’s 18th birthday; and (2) The marriage was a legitimate marriage, not a sham marriage entered into to obtain an immigration benefit.
A child who satisfies all of the necessary requirements can enter the U.S. without a visa. When you travel to the U.S., you must bring: your passport, your green card, your child’s passport, your child’s birth certificate, and of course, your child.
A child who satisfies certain requirements can enter the U.S. without a visa. When you travel to the U.S., you must bring: your passport, your green card, your child’s passport, your child’s birth certificate, and of course, your child.
A person with a conditional, two-year green card has the same rights as someone with a 10-year green card, including the ability to apply for a green card on behalf of their children.