February 18, 2022. 
Estimated Reading Time: 3 minutes

Child visa sponsoring: What if my child is over 21?

Did you know that your child’s marital status plays an important role in getting their child visa issued? People over 21 are considering marriage as a possibility. Some of them have to delay getting married since they’re in the process of immigrating to the United States. Coming to the country on a child visa and applying for a Green Card is the next logical step. This might put pressure on your child’s life plans if they’re over 21. This intensifies if they want to start their life in the U.S. as soon as possible. When you as the petitioner fulfill the requirements, your child will be legally eligible to obtain the visa. Sponsoring your child’s U.S. visa is a doable process. This article introduces you to the application process and clears out the most common questions. It also helps you take mental notes regarding your Child visa case.

Different child visa rules apply to U.S. citizens and LPRs

Marriage status impacts child visa eligibility because U.S. citizens and lawful permanent residents have different legal statuses. U.S. citizens have voting rights, while U.S. lawful permanent residents are citizens of another country and can’t vote. LPRs have legal permission to stay in the USA but cannot stay out of the country longer than one year. They could risk losing the legal status they have obtained through a Green card.

The goal of a U.S. child visa is to qualify them for applying and receiving a Green card. For LPRs’’ unmarried children who are over 21, there is 23,400 Green cards available yearly. This extends the Green card waiting time and prioritizes applicants from countries where the U.S. immigration rate is low. When your unmarried child who is over 21 applies for a Green card, they belong in the Family First Preference category. It is because they’re not considered an immediate family member or relative. If they change their marital status throughout getting their Child visa issued, they’ll become ineligible immediately. If they change their marital status during their Green card process, they’ll go to the Family Third Preference visa category. This one has 23,400 Green cards available yearly. The practice extends their Green card waiting period even more.

Your child’s visa comes before their Green card

We hope you’ve realized the important role of your child’s marital status in their immigration process. Now is a good time to learn about the Child visa application process that comes before Green card application. U.S. citizen’s child of any age and marital status needs the IR-2 Child visa. LPR’s unmarried child who is over 21 will apply for the F2B Child visa. Both of these visas have the same effect. They allow your child to study, work and live in the U.S. while they’re waiting for their Green card. The application processes are the same.

You as the petitioner must fill out the form I-130 and submit it to U.S. Citizenship and Immigration Services (USCIS). Include the Affidavit of Support that states that you can financially support the beneficiary. Attach documents that prove your family relationship with your biological or adoptive child and pay the petition fee. Once you have the approved petition, your child will fill out the DS-260 form and pay its fee. Your child will also need to attend a medical examination and get their mandatory vaccines before attending their interview. There will be fees for the medical examination and vaccination, documents translation, and USCIS Immigrant Fee that needs to be paid to the USCIS before traveling to the United States.

We want to help you

We recommend that your unmarried child over 21 keeps their marriage status intact while they’re obtaining their Child visa. It should stay the same when they apply for a family-based Green card. Thus, their case won’t relocate into another category in the preference system. They would stay eligible for a Child visa. We’re offering you help throughout each step of your child’s immigration process, so make sure you contact us for more information.

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