Can a Green Card Holder Sponsor His Child?

As a Green Card holder (permanent resident), you have the privilege of petitioning for certain family members to join you in the United States as permanent residents. However, the process of petitioning for family members, including obtaining green cards, involves multiple steps, specific eligibility requirements, and wait times depending on preference categories.

This guide will walk you through everything you need to know about bringing your children, to the U.S., including application procedures, preference categories, processing times, and useful resources.

Ensuring your children can legally join you in the United States as permanent residents depends on their age and marital status. Understanding the immigration process and eligibility requirements is crucial for a successful petition.

Who Can You Petition For?

As a Green Card holder, you can sponsor the following family members for U.S. immigration:

Spouse (husband or wife)
Unmarried children under 21
Unmarried sons and daughters of any age

Note: You cannot petition for parents, married children, or siblings until you become a U.S. citizen. Specifically, Green Card holders cannot petition for a married son and must wait until they become U.S. citizens to do so.

Which Children Qualify?

Green card holders (lawful permanent residents) have the opportunity to sponsor their foreign-born children for immigration to the United States. However, the process and waiting times vary depending on the age and marital status of the child.

The process involves filing an immigrant visa petition and waiting for its approval before a visa number becomes available, which can take several years depending on the category.

As a Green Card holder, you may petition for:

Unmarried Children Under 21 Years Old – Placed in the F2A category (Family Preference List)
Unmarried Sons or Daughters Over 21 Years Old – Placed in the F2B category (Family Preference List)

Petitioning for Unmarried Children Under 21 (F2A Category)

Once the petition is filed, the child is assigned a priority date.
The priority date determines the waiting time for an available immigrant visa.
The average wait time for most countries is around 3 years.
The State Department’s Visa Bulletin helps track priority dates.

Processing Time Considerations:

After the wait time, additional months may be required to process the green card application.
A small mistake in the petition can delay the process significantly.
Consulting an experienced immigration attorney can help avoid unnecessary setbacks.

Petitioning for Unmarried Sons or Daughters Over 21 (F2B Category)

These applicants face a longer wait time than younger children.
The average wait time is 8.5 years, but this can be 20+ years for certain countries like Mexico.
The priority date must be monitored through the Visa Bulletin.
If the child marries before receiving a green card, they lose eligibility under F2B.
Only U.S. citizens can sponsor married children under the Third Preference Category (F3).

How a Green Card Holder Can Bring Over a Child or Unmarried Son/Daughter Over 21 to the U.S.

Scenario 1: If the Son or Daughter is Already in the U.S.

The Green Card holder can file Form I-130 (Petition for Alien Relative).
The child must maintain valid nonimmigrant status (e.g., student, business, or tourist visa) while waiting.
If they overstay their visa, they cannot adjust status and may face penalties.
Once the visa number becomes available, they can apply for adjustment of status (Form I-485).
Warning: Entering the U.S. on a tourist visa with the intent to stay permanently is fraudulent and can lead to denial.

Scenario 2: If the Son or Daughter is Outside the U.S.

The following steps are required:

File Form I-130 – Petition the U.S. Citizenship and Immigration Services (USCIS) with the necessary documents.
Wait for an Immigrant Visa Number – Once approved, the child must wait until a visa number is available.
Consular Processing & Interview – The U.S. Consulate or Embassy in the home country will handle visa processing.
Entering the U.S. – The visa is valid for six months, and once they enter, they become a lawful permanent resident.

Who is Considered a “Child” Under Immigration Law?

A “child” for immigration purposes includes:

A genetic child born within marriage.
A genetic child born outside of marriage (specific conditions apply for fathers).
A child born through Assisted Reproductive Technology (ART) and legally recognized as the child of the parent.
A step-child (if the marriage creating the step-relationship occurred before the child turned 18).
An adopted child (if adopted before age 16 and has resided in the legal and physical custody of the adoptive parent for at least 2 years).For more adoption-based immigration processes, visit the Adoption-Based Family Petition Page

Processing Times & Wait Lists

Average Wait Times by Category

Preference Category	Description	Average Wait Time
F2A	Unmarried Children Under 21	~3 Years
F2B	Unmarried Sons/Daughters Over 21	~8.5 Years
F3	Married Sons/Daughters (Citizen Sponsor)	~14-15 Years
F4	Siblings of U.S. Citizens	~17.5+ Years

Step-by-Step Application Process

To bring your family member to the U.S. as a permanent resident, follow these steps:

1. File Form I-130 (Petition for Alien Relative)

Submit Form I-130 to the U.S. Citizenship and Immigration Services (USCIS) to establish a qualifying relationship.

2. Provide Supporting Documents

Include:

Proof of your Green Card holder status (e.g., a copy of your Green Card)
Evidence of your relationship (e.g., birth certificate, marriage certificate, divorce decree if applicable)

Proof of Relationship:

Biological parent: Child’s birth certificate issued by civil authorities.
Step-parent: Marriage certificate and proof of legal termination of previous marriages.
Adoptive parent: Final adoption decree and proof of two years of legal and physical custody.

For more details, see the USCIS Required Documents Page.

Proof of any legal name change (for either you or your family member)

3. Wait for USCIS Processing & Visa Availability

USCIS will review your petition and notify you of approval or denial.
Your relative will need to wait for a visa number to become available (see preference categories below).

4. Next Steps Based on Location of Your Relative

If they are in the U.S.: They may be eligible to apply for Adjustment of Status (Form I-485) when a visa number is available.
If they are outside the U.S.: The case will be transferred to the National Visa Center (NVC) and processed through the U.S. consulate in their home country (Consular Processing).

Check your petition status anytime on the USCIS Case Status Tracker.

Checking the Status of Your Petition

Visit USCIS Case Status to track your application.

Can My Child Come to the U.S. While Waiting for a Visa?

The I-130 filing provides no direct access to the U.S.

However, you should be aware of these options:

U.S. citizens can apply for a K-4 visa by filing Form I-129F, allowing their minor child to live in the U.S. while waiting IF the child’s parent is applying for the K-3 visa
Green Card holders who filed Form I-130 before December 21, 2000, may apply for a V visa after three years.
F-1 student visa or work visa for an adult child (assuming that the Embassy believes they qualify for such visa, which may be difficult in the F-1 context because it is a purely non-immigrant visa)

More details on K3-K4 Visa Information.

Conditional Residence and Removing Conditions

If you petition for a stepchild and your marriage is less than two years old when the child receives permanent residence, the child will be granted Conditional Permanent Resident (CPR) status.

To remove conditions, file Form I-751 within 90 days before the expiration of the conditional Green Card.
If you fail to file, the child’s status may be terminated.

See Form I-751 Instructions for details.

Pathway to U.S. Citizenship for Children

Children under 18 years old may automatically become U.S. citizens if at least one parent naturalizes and meets certain residency requirements.
Children over 18 can apply for naturalization (Form N-400) after five years of permanent residency (or three years if the parent is a U.S. citizen).

Appealing a Denied Petition

If your petition is denied, the USCIS denial letter will provide appeal instructions.

File an appeal with theBoard of Immigration Appeals (BIA).
Submit Form I-290B (Notice of Appeal or Motion)along with the required fee.

For more information, visit USCIS Appeals.

Following-to-Join Benefits

If you became a permanent resident through a preference classification, your children may be eligible for following-to-join benefits without a separate Form I-130.

Eligibility Criteria:
- The relationship existed before you became a permanent resident.
- You adjusted status in a preference category.
Required Documents:
- Form I-824 (Application for Action on an Approved Application or Petition).
- Copies of previous application and Green Card.

For guidance, visit National Visa Center.

FAQs: Green Card Holder Petitioning for Their Child’s Green Card

1. Basic Eligibility Questions

1.1 Can a Green Card holder petition for their child to get a Green Card?

Yes, as a Green Card holder (lawful permanent resident), you can petition for your child under the F2A or F2B family-based immigration categories, depending on the child’s age and marital status.

1.2 Who qualifies as a “child” under U.S. immigration law?

U.S. immigration law defines a “child” differently depending on age and marital status:

Unmarried child under 21 → Considered a “child” for immigration purposes (Category: F2A).
Unmarried child over 21 → Considered an “adult son or daughter” (Category: F2B).
Married child (any age) → Cannot be petitioned by a Green Card holder; only U.S. citizens can petition for a married child.

2. Petitioning for a Child Under 21 and Unmarried (F2A Category)

2.1 How long is the wait time for an unmarried child under 21?

The F2A category has traditionally had shorter wait times compared to other family-sponsored categories.

As of recent Visa Bulletins, the waiting time is typically around 2 to 3 years (but this can change based on visa availability).
If a visa is immediately available, the child may be able to apply for a Green Card right away after petition approval.

2.2 What happens if my child turns 21 before getting a Green Card?

If your child turns 21 before their Green Card is issued, they will “age out” of the F2A category and move to the F2B category, which has a significantly longer waiting time (often 5+ years).

The Child Status Protection Act (CSPA) may help freeze their age under certain conditions, allowing them to remain in F2A.

2.3 Can my child stay in the U.S. while waiting for the Green Card?

If your child is already in the U.S. on a valid visa, they may stay, but they must maintain their nonimmigrant status (e.g., student visa).
If they are outside the U.S., they must wait for their priority date to become current and then apply for an immigrant visa.

2.4 Can my child work while waiting for their Green Card?

If the child is outside the U.S., they cannot work in the U.S. until they receive their Green Card.
If the child is in the U.S., they can only work if they have a valid work visa or receive a work permit (EAD) through a pending Adjustment of Status (if eligible).

3. Petitioning for an Unmarried Child Over 21 (F2B Category)

3.1 How long is the wait time for an unmarried child over 21?

The F2B category has a much longer backlog, typically 5 to 10+ years, depending on the child’s country of origin.

Some countries, like Mexico and the Philippines, have significantly longer wait times due to high demand.

3.2 Can my over-21 child bring their own children?

Yes. If your unmarried adult child (over 21) has children, those minor children can be included as derivative beneficiaries on the F2B petition.

3.3 Can my child stay in the U.S. while waiting?

If they are outside the U.S., they must wait abroad.
If they are already in the U.S., they must maintain legal nonimmigrant status (e.g., student visa) because an F2B petition does not provide lawful stay.
Overstaying can result in bars from reentering the U.S.

4. Should I Become a U.S. Citizen to Speed Up the Process?

4.1 Is it faster to petition as a U.S. citizen rather than a Green Card holder?

Yes, becoming a U.S. citizen can speed up the process significantly:

If you become a citizen before your child turns 21, they will move to the IR (Immediate Relative) category, which has NO wait time (except for processing).
If your child is over 21 and unmarried, they will move to the F1 category (wait times vary but are usually shorter than F2B).
If your child is married, you can petition for them as a U.S. citizen (which is not possible as a Green Card holder), but the wait time for married children is still long (Category F3).

4.2 How long does it take to become a U.S. citizen?

If you are eligible for naturalization, the process generally takes 6 to 18 months depending on processing times in your area.

4.3 If I naturalize while my child’s petition is pending, what happens?

If you become a U.S. citizen while your child’s petition is still processing:

If they are under 21 and unmarried, they automatically move to the Immediate Relative (IR) category (faster processing).
If they are over 21 and unmarried, they move from F2B to F1, which may or may not be faster (sometimes F2B is faster due to visa availability).
If they are married, their petition converts to the F3 category (long wait time).

5. Other Scenarios and Special Cases

5.1 Can I petition for a stepchild?

Yes, but only if the marriage to the child’s biological parent occurred before the child turned 18.

5.2 What if my child gets married while waiting?

If your child gets married while under F2A or F2B, their petition is automatically canceled, since a Green Card holder cannot petition for a married child.

5.3 What if my child is undocumented in the U.S.?

If your child is in the U.S. without legal status, they may face serious complications in adjusting their status, including possible bans from reentering the U.S.
In some cases, they may qualify for a waiver, but this depends on specific circumstances.

Take the Next Step with Attorney Richard Herman

Navigating the complexities of U.S. immigration law can be overwhelming, especially when it comes to securing a green card for your child. With ever-changing regulations and intricate legal requirements, having an experienced immigration attorney by your side is crucial.

Attorney Richard Herman has built a reputation for providing strategic, compassionate, and results-driven legal guidance to green card holders seeking to reunite with their loved ones. His deep knowledge of immigration law, combined with his commitment to personalized service, ensures that you receive the best possible legal representation.

By consulting with Attorney Herman, you can:
✔ Gain clarity on eligibility requirements and processing timelines
✔ Avoid common application mistakes that can lead to unnecessary delays or denials
✔ Receive tailored advice to strengthen your petition
✔ Have a dedicated legal advocate guiding you every step of the way

Don’t leave such an important matter to chance. Take the first step toward securing your child’s future today! Schedule a consultation with Attorney Richard Herman by calling 216-696-6170or visiting our website to book an appointment online. The right legal guidance can make all the difference—let Attorney Herman help you bring your family together.

Additional Resources & Helpful Links

🔹 Forms & Applications

🔹 Key Pages & Tools

For more information, visit the USCIS Family-Based Immigration Page.