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Child Green Card Attorney

I-130 petitions for children, stepchildren and adopted children, CSPA age-out planning, derivative children, adjustment of status and consular processing.

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Green Card for Children Attorney: Child Visa Lawyers for IR-2, F2A and CSPA Cases

A U.S. citizen or permanent resident can sponsor a child for a green card; the child's age, marital status and relationship to the sponsor decide the category, the wait, and whether the Child Status Protection Act applies. Capitol Law Partners prepares Form I-130 petitions for biological, step and adopted children and times every filing so that no child ages out. See also our green card for parents and children and family-based immigration pages.

What a child green card attorney does for you

  • Confirm that the relationship meets the statutory definition of a child and gather the proof.
  • Identify the category and whether a visa number is available now or only after a Visa Bulletin wait.
  • Run the Child Status Protection Act calculation before every filing and time the filings and the parent's naturalization to protect the child's age.
  • Prepare the filings and the Form I-864, and represent the family at the interview and on any Request for Evidence.

Who counts as a child under immigration law

Section 101(b)(1) of the Immigration and Nationality Act defines a child as an unmarried person under 21 who is:

  • Born in wedlock to the petitioning parent.
  • A stepchild, if the marriage that created the step relationship took place before the child turned 18.
  • Born out of wedlock, through the mother without more, and through the father if the child was legitimated before 18 or the father shows a bona fide parent-child relationship before the child turned 21.
  • Adopted, if the adoption was final before the child turned 16 and the parent had two years of legal custody and two years of joint residence. Children adopted abroad usually immigrate instead through the Hague Convention process on Forms I-800A and I-800 or, for non-Hague countries, the orphan process on Forms I-600A and I-600.

Categories and waiting lists for children

Children of U.S. citizens

An unmarried child under 21 of a U.S. citizen is an immediate relative and receives an IR-2 immigrant visa or adjusts status with no waiting list. Unmarried sons and daughters 21 or older fall into F1 and married sons and daughters into F3; both wait for a priority date.

Children of permanent residents

A permanent resident sponsors unmarried children under 21 in F2A and unmarried sons and daughters 21 or older in F2B. There is no category for a permanent resident's married child, and marriage by an F2A or F2B beneficiary revokes the petition. When the parent naturalizes, an F2A child becomes an immediate relative and an F2B son or daughter moves to F1.

Derivative, K-2 and K-4 children

In every preference and employment-based category, the principal's unmarried children under 21 accompany or follow to join on the same petition. Immediate relative petitions carry no derivatives, so a citizen sponsoring a spouse files a separate I-130 for each stepchild. Children of a K-1 fiancé (K-2) and of a K-3 spouse (K-4) adjust status once the parent marries the citizen.

The Child Status Protection Act and aging out

  • Immediate relatives. The child's age is frozen on the day the I-130 is filed. If a permanent resident parent naturalizes while an F2A petition is pending, the age is frozen on the naturalization date.
  • Preference and derivative children. CSPA age is the child's age when a visa number becomes available minus the days the petition was pending before approval. If the result is under 21, the child must seek to acquire residence within one year, for example by filing the I-485 or DS-260. Since February 2023, USCIS uses the Dates for Filing chart for this calculation whenever adjustment applicants may use that chart.
  • Conversions. An F2A child who ages out converts automatically to F2B with the same priority date; a citizen's child who turns 21 moves to F1, and one who marries moves to F3. A derivative in another category generally cannot keep the parent's priority date and needs a new F2B petition once the parent is a resident.

Adjustment of status or consular processing

A child in the United States after a lawful admission can usually file Form I-485, and an overstay does not bar an immediate relative child. Preference children must generally have maintained status and wait for a current priority date unless section 245(i) protects them. A child who entered without inspection usually completes the case at a consulate and, if 18 or older with unlawful presence, may need an I-601A waiver first. A child abroad files Form DS-260 and interviews at the consulate. A child under 18 who will live in the legal and physical custody of a U.S. citizen parent becomes a citizen automatically on admission under section 320 of the INA, so the parent files Form I-864W instead of a full affidavit of support.

Process and timeline

  1. Eligibility and CSPA review. Relationship, category, entry history and the age calculation.
  2. I-130 filing. One petition per child; an immediate relative child here after a lawful admission files the I-485 at the same time.
  3. Visa number wait for preference cases, tracked against both Visa Bulletin charts.
  4. USCIS or NVC stage. Biometrics and the medical exam for adjustment cases; the DS-260, civil documents and I-864 for consular cases.
  5. Interview and decision. USCIS may waive the interview for a young child; otherwise we prepare the family and attend.

Documents and the affidavit of support

  • Proof of the petitioner's citizenship or permanent residence.
  • The child's birth certificate, plus the parents' marriage certificate for a stepchild, relationship evidence for a child born out of wedlock, or the adoption decree and custody and residence proof for an adopted child, with certified translations.
  • Form I-864 meeting the Federal Poverty Guidelines threshold, a joint sponsor's I-864 if needed, or Form I-864W where the child will acquire citizenship on admission.
  • The medical examination, vaccination record, passport and photographs.

Children in removal proceedings and children of asylees

A child in removal proceedings can still obtain a green card: with an approved I-130, the child applies for adjustment before the immigration judge, and a child abused, neglected or abandoned by a parent may qualify for Special Immigrant Juvenile Status without any family petitioner. Children of asylees and refugees follow a separate path: the parent files Form I-730 within two years of the grant for each unmarried child under 21, with the child's age locked on the date the asylum application was filed. See our family reunification page for the I-730 and other options abroad.

Common problems we help you avoid

  • A stepchild petition where the marriage occurred after the child's 18th birthday.
  • An adoption that met foreign law but not the two-year custody and residence rules, or bypassed the Hague process.
  • A CSPA child who loses protection because nobody filed within the one-year window.
  • An F2A or F2B son or daughter who marries before the green card is issued.

Why Capitol Law Partners

Cagatay Ersoy, founder and managing partner of Capitol Law Partners, is a graduate of Columbia Law School and handles family-based petitions for children, parents, spouses and siblings, alongside marriage-based green cards, sibling green cards and employment-based immigration. Our attorneys and staff work in English, Turkish, Spanish, Portuguese and French. We represent families from our offices in Washington, DC, Herndon, Virginia, New York and Minneapolis, with an office in Istanbul for Turkish families.

Learn more about green cards for children

Start your child's green card case

Tell us your status, your child's age and your relationship, and we will tell you the category, whether the CSPA applies and the realistic path. Schedule a consultation or call +1 (202) 440-2272.

Frequently Asked Questions

Can I sponsor my stepchild for a green card?
Yes, if the marriage that made you a stepparent took place before the child turned 18. You petition in your own right with Form I-130, and the child is treated like your own child for category purposes. If the marriage occurred after the child's 18th birthday, there is no step relationship under immigration law and the child's natural parent must be the one who qualifies and petitions.
My child will turn 21 soon. Will the case be lost?
Often not. If you are a U.S. citizen, the Child Status Protection Act freezes your child's age on the day the I-130 is filed. If you are a permanent resident or the child is a derivative, CSPA age is the age when a visa becomes available minus the time the petition was pending, and the child must seek residence within one year. We run the calculation before filing and tell you exactly what deadlines apply.
Can a permanent resident sponsor a married son or daughter?
No. Permanent residents can sponsor only a spouse and unmarried children, in the F2A and F2B categories. If an F2A or F2B beneficiary marries, the petition is revoked. Once you naturalize, you can file a new petition for a married son or daughter in the F3 category, and their spouse and unmarried children under 21 can immigrate as derivatives.
Do I need a separate I-130 for each child?
Yes. Each child is a separate beneficiary and needs their own Form I-130 with their own supporting documents, and immediate relative petitions carry no derivatives. The exception is a preference case, where the principal beneficiary's own unmarried children under 21 can immigrate as derivatives on the parent's petition without a separate filing.
Can my adopted child get a green card through me?
Yes, in one of three ways. A standard I-130 works if the adoption was final before the child turned 16 and you had two years of legal custody and two years of joint residence. Children adopted from a Hague Convention country immigrate through Forms I-800A and I-800, and children from other countries through the orphan process on Forms I-600A and I-600. The correct route depends on the child's country and where the adoption took place.
My child is in the United States with an expired visa. Can they adjust status?
If you are a U.S. citizen and your child is unmarried and under 21, usually yes. Immediate relatives who were lawfully admitted can adjust status even after an overstay, so we file the I-130 and I-485 together. If you are a permanent resident, your child generally must have maintained lawful status to adjust, and the analysis is different if the child entered without inspection.
What happens when I naturalize while my child's petition is pending?
Your child's category improves automatically. An F2A child becomes an immediate relative with no waiting list, and the child's CSPA age is frozen on the date you naturalize. An F2B son or daughter moves to F1 with the same priority date, unless they elect to remain in F2B because that line is moving faster for their country of birth. Send us your naturalization certificate so we can update USCIS or the National Visa Center.
Does my child need a green card if I am a U.S. citizen?
Not always. A child born abroad to a U.S. citizen parent may have acquired citizenship at birth, and a child under 18 living abroad may be eligible for naturalization on Form N-600K. A child under 18 who immigrates and lives in your legal and physical custody becomes a citizen automatically on admission as a permanent resident. We check these routes first because they can be faster and avoid the green card process entirely.