Bringing your family together in the United States is a deeply personal and meaningful goal. The dream of living with your parents, or having your children join you, is a powerful one. It’s a journey built on love, hope, and the desire to build a shared future.
But the path to making that dream a reality can feel complicated. The world of immigration law is filled with forms, deadlines, and legal terms that can be confusing. You might worry about making a mistake or wonder where even to begin.
There are pathways for U.S. citizens and green card holders to sponsor their parents and children for a life in the United States. Here is an overview of the main tracks for parent and child visas.
Having a knowledgeable immigration attorney by your side can make all the difference as you navigate the process.
Bringing Your Parents to the United States
For many, caring for a parent as they age is a cherished duty and a source of great joy. Being able to provide them with support and have them close is a priceless gift. If you are a U.S. citizen, you may be able to sponsor your parents to come live permanently in the United States.
Who Is Eligible To Sponsor a Parent?
The requirements for sponsoring a parent are very specific. To begin this process, you must meet two key conditions:
- You must be a U.S. citizen. Lawful permanent residents (also known as green card holders) cannot petition for their parents to immigrate. If you are a green card holder, you must first become a naturalized U.S. citizen before you can sponsor your mother or father.
- You must be at least 21 years old. The law requires a sponsoring son or daughter to be of a certain age to take on this responsibility.
If you meet both requirements, you can start the process for one or both of your parents. You must file a separate petition for each parent.
The Advantage of Being an “Immediate Relative”
Under U.S. immigration law, the parents of U.S. citizens are considered “immediate relatives.” This is a very important and beneficial category.
What does it mean? It means there is no limit on the number of visas that can be issued to parents of U.S. citizens each year. There is no waiting list for a visa to become available. Once your petition is approved and your paperwork is processed, your parent can move on to the final steps without a long delay caused by visa backlogs. This makes the process much more direct than it is for other family members.
The Sponsoring Process: A Step-by-Step Overview
While being an immediate relative avoids a long wait for a visa number, the process itself still involves several important steps. Each step must be completed correctly to ensure a smooth journey.
Step 1: Filing the Petition
The first official step is to file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). This form is the foundation of your case. Its purpose is to prove that a qualifying family relationship exists. In this case, you are proving that you are the son or daughter of the parent you wish to sponsor.
Along with the form, you will need to submit evidence of your relationship. This typically includes:
- Proof of your U.S. citizenship (such as a birth certificate, passport, or certificate of naturalization)
- Your birth certificate, which lists your parent’s name
- Your parent’s birth certificate
- If you are sponsoring a stepparent, you will need to provide the marriage certificate showing your parent’s marriage to your stepparent. The marriage must have occurred before you turned 18.
- If you are sponsoring an adoptive parent, you will need to provide the adoption decree showing the adoption took place before you turned 16.
USCIS will review your petition and the evidence you provided. Once they are satisfied that you have a valid parent-child relationship, they will approve the I-130 petition.
Step 2: The National Visa Center
After USCIS approves the petition, the case moves to the National Visa Center (NVC). The NVC is part of the U.S. Department of State. It acts as a processing center that gathers all the necessary fees, forms, and documents before the case is sent to a U.S. embassy or consulate abroad.
The NVC will contact you and your parent to begin this stage. You will be asked to pay processing fees and submit key documents. The most important document you will prepare at this stage is the Affidavit of Support.
Step 3: The Affidavit of Support
The Affidavit of Support (Form I-864) is a legally binding contract. By signing it, you promise the U.S. government that you will financially support your parent. The purpose is to show that your parent will not become a “public charge,” meaning they will not have to rely on public assistance for their basic needs.
To qualify as a sponsor, your household income must be at least 125% of the Federal Poverty Guidelines for your household size. Your household size includes yourself, your dependents, any other relatives living with you, and the parent (or parents) you are sponsoring.
If your income alone is not high enough, you may have other options. You might be able to use the value of your assets, such as real estate or savings, to meet the requirement. Another option is to find a joint sponsor. A joint sponsor is another U.S. citizen or green card holder who agrees to accept the same financial responsibility for your parent.
Step 4: The Consular Interview
Once the NVC has approved all your documents, they will schedule an interview for your parent at the nearest U.S. embassy or consulate in their home country. Before the interview, your parent will need to complete a medical examination with a government-approved doctor.
During the interview, a consular officer will review the case file and ask your parent questions. The officer will verify their identity, review their documents, and make sure they are eligible to immigrate to the United States. Most interviews are straightforward, but it is a critical final step.
If the interview is successful, the officer will approve the visa. Your parent’s passport will be stamped with an immigrant visa, allowing them to travel to the United States.
Bringing Your Children to the United States
There is no bond quite like the one between a parent and child. For parents living in the U.S., the deepest wish is often to have their children by their side. The process for bringing a child to the United States depends on several factors:
- Your status (whether you are a U.S. citizen or a green card holder)
- Your child’s age (under or over 21)
- Your child’s marital status (married or unmarried)
These factors determine which visa category your child falls into and how long the process might take.
Sponsoring a Child as a U.S. Citizen
If you are a U.S. citizen, you have the most flexible options for sponsoring a child. The path forward depends on your child’s age and marital status.
Unmarried Children Under 21
Just like parents of U.S. citizens, unmarried children under 21 are considered “immediate relatives.” This is the most favorable category. It means there are no annual visa limits and no waiting in line for a visa number.
The process is very similar to sponsoring a parent. You will file Form I-130 to establish your parent-child relationship. After the petition is approved, the case moves to the NVC for document processing and then to a U.S. consulate for the final interview.
Unmarried Sons and Daughters Over 21
If your son or daughter is 21 or older and unmarried, they are no longer considered an immediate relative. Instead, they fall into a “family preference category.” These categories have a limited number of visas available each year.
This means your child will face a wait time. The process works like this:
- You file Form I-130. The date USCIS receives it becomes your child’s priority date.
- After the I-130 is approved, your child must wait for their priority date to become “current” on the Visa Bulletin. The Visa Bulletin is a monthly chart published by the Department of State. It shows which priority dates are now eligible to apply for a visa.
- The wait time can be several years, depending on your child’s country of origin.
This category is called the Family First Preference (F1) category.
Married Sons and Daughters of Any Age
If your son or daughter is married, they fall into the Family Third Preference (F3) category, regardless of their age. Like the F1 category, this is a family preference category with an annual visa limit and a significant waiting period.
The process is the same: you file an I-130 to establish a priority date, and your child and their family must wait for that date to become current. The wait times in this category are often very long, sometimes lasting more than a decade.
Sponsoring a Child as a Green Card Holder
If you are a lawful permanent resident (a green card holder), you can also sponsor your children. However, the rules are different and more restrictive than for U.S. citizens.
A critical point to understand is that all children sponsored by a green card holder fall into a family preference category. There is no “immediate relative” category for children of permanent residents. This means there will always be a waiting period for a visa.
Unmarried Children Under 21
Unmarried children under 21 of a permanent resident fall into the Family Second Preference A (F2A) category. You will file a Form I-130 to get a priority date, and your child must wait for that date to become current. While there is a wait, it is generally much shorter than for other preference categories.
Unmarried Sons and Daughters Over 21
If your unmarried son or daughter is 21 or older, they are in the Family Second Preference B (F2B) category. The wait times in this category are longer than for the F2A category.
A Crucial Limitation
It is very important to know that lawful permanent residents cannot sponsor married children. If your child gets married at any point before they get their green card, the petition will be automatically canceled. If you want to sponsor a married child, you must first become a U.S. citizen.
A Note on the Child Status Protection Act (CSPA)
One of the biggest sources of anxiety for parents is the fear that their child will “age out.” This happens when a child turns 21 while waiting for their visa, which can move them into a different, much slower category.
The Child Status Protection Act (CSPA) is a law designed to help with this problem. It provides a complex formula that can sometimes “freeze” a child’s age for immigration purposes. This can protect them from aging out and keep them in a faster visa category.
Whether CSPA applies to your child’s case depends on many factors. It is a very technical part of immigration law, but it offers hope to many families facing long waits.
How a Lawyer Can Help You Solve Your Legal Puzzle
Family is everything. The journey to bring your parents or children to the United States is one of the most important you will ever undertake. The process is detailed, and the stakes are incredibly high. You want to do everything right to avoid delays or denials that could keep your family apart.
An experienced immigration attorney can be your most valuable partner, guiding you every step of the way.
At Bailey & Galyen, we have been helping individuals and families with their legal needs for over 40 years. Our firm was built on a commitment to personal service and a dedication to our clients’ goals. We understand that behind every form and every deadline, there is a family hoping to be reunited.
Our attorneys and support staff use their deep experience and significant resources to handle your case with the care and attention it deserves. We can help you:
- Determine the best immigration strategy for your family
- Prepare and file all petitions and forms correctly
- Gather the right evidence to prove your family relationships
- Navigate the complex financial requirements of the Affidavit of Support
- Respond to any Requests for Evidence from USCIS
- Prepare your family members for their consular interviews
Your family’s future is too important to leave to chance. Contact the Law Offices of Bailey & Galyen today at at (817) 345-0580 or through our online form to schedule a consultation. Let us help you bring your loved ones home.