How Getting U.S. Citizenship Helps Foreign Children Legally Enter the U.S.
One of the reasons to become a U.S. citizen is to help bring foreign-born children to the U.S. In some cases, due to changes in immigration laws, these foreign-born children already may have citizenship through acquisition or derivation. For example, if you have a child under 18 in your custody, and both of you are green card holders, the child will automatically derive their citizenship from you. You should check the laws to make sure that your child is not already a citizen. If they are, they can apply for proof of citizenship.
If you are a citizen, your child likely can come to the U.S. more efficiently than they could if you were a green card holder. Some types of children may be able to come only if you are a citizen.
Getting a Visa for a Foreign-Born Child Under 21
If your child is under 21 and unmarried, they will not face any waiting time to apply for an immigrant visa and a green card if you are a U.S. citizen. This is because they will fall within the immediate relative category. You can still apply for an unmarried child who is under 21 as a green card holder, but they can expect a certain waiting period because the demand exceeds the supply for these visas. You can review the State Department’s Visa Bulletin to see how long your child might need to wait. This will involve checking the priority date for category F2A in the column for your child’s country of residence.
Wait times vary depending on whether an unmarried child is over or under 21 years old.
Getting a Visa for an Adult Foreign-Born Child
You can petition for a green card for an unmarried child who is 21 or older, regardless of whether you are a citizen or a green card holder. Unfortunately, the wait can be long in either of these categories, since both of them cap visas. The child may not be able to come to the U.S. for several years. You can check the F1 and F2B categories in the Visa Bulletin to see how long the waiting period might be in your child’s situation. If they get married before the application process ends, they will lose their visa eligibility.
You can petition for a green card for a married child only if you are a U.S. citizen. You can find this category at F3 in the Visa Bulletin. Green card holders do not have this opportunity. However, their child may be able to find another route to a green card, such as an employment visa or a diversity visa. Even if you are a citizen petitioning for a married child, you should be aware that they will face a long wait.
Filing the Petition for a Child
You can file Form I-130 to petition for an unmarried child before you become a U.S. citizen. If you get citizenship before the child becomes eligible to apply for a visa, you can ask USCIS to change the preference category and priority date for the child. For example, if an unmarried adult child is still waiting to apply, you can advise USCIS that you are a citizen and that your child thus is eligible to move from category F2B to category F1. If a child under 21 is waiting to apply, you can notify USCIS of your citizenship and point out that your child no longer will be subject to the cap on visas. You should provide USCIS with Form I-797C (the receipt for your I-130 petition) and your naturalization certificate.
Double check wait times before asking USCIS to change a child’s category.
In some cases, changing to a higher preference category may not help your child. The wait sometimes may be shorter in their current category. If you want to keep your child in their current category, you should ask USCIS to keep them there.
Immigration Law Center Contents
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Immigration Law Center
- Green Cards and Lawful Permanent Residence in the U.S.
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Becoming a U.S. Citizen Under Naturalization Law
- Civics and English Language Tests Under Naturalization Law
- Risks of Applying for Citizenship
- Cancellation of Green Card After Citizenship Denial
- Cost of Applying for Citizenship
- Residency Requirement When Applying for Citizenship
- The Fingerprinting Requirement for Citizenship Applications Under Naturalization Law
- Who Is Legally Eligible for Expedited Review of a U.S. Citizenship Application?
- Applying for U.S. Citizenship as a Former Asylee or Refugee & Related Legal Concerns
- Fee Waivers When Applying for Citizenship & Potential Impact on Legal Eligibility
- The Naturalization Interview & Establishing Legal Eligibility for Citizenship
- Second Chance Naturalization Interviews & Proving Legal Eligibility for U.S. Citizenship
- Requesting a Hearing After Denial of U.S. Citizenship Under Naturalization Law
- Moving After Applying for Citizenship
- The Naturalization Ceremony & Legally Swearing Allegiance to the U.S.
- Muslim Applicants for Citizenship & Their Legal Options When Placed on the CARRP List
- Name Corrections & Legal Name Changes in the Naturalization Process
- Birthright Citizenship and Legal Acquisition or Derivation of Citizenship Through Parents
- When Military Service Members and Veterans May Have Legal Shortcuts to Citizenship
- Children of Refugees Legally Qualifying for Citizenship Through Derivation
- How Conditional Resident Status Can Legally Affect Applying for Citizenship
- When Foreign Nationals Affected by Domestic Violence May Have Legal Shortcuts to Citizenship
- Crimes That May Legally Prevent You From Receiving U.S. Citizenship
- Public Benefits & Legal Eligibility for U.S. Citizenship
- When Political Affiliations Can Legally Disqualify You From U.S. Citizenship
- Does an Extramarital Affair Legally Disqualify You From U.S. Citizenship?
- Impact of Bigamy or Polygamy on Legal Eligibility for U.S. Citizenship
- Does Failure to Register With the Selective Service Legally Disqualify You From U.S. Citizenship?
- When Absences From the U.S. Can Affect Legal Eligibility for Citizenship
- How Getting U.S. Citizenship Provides Legal Advantages
- Obtaining Legal Proof of U.S. Citizenship
- Voting Rights & Legally Registering to Vote After Receiving Citizenship
- Can U.S. Citizens Legally Hold Dual Citizenship?
- How Can U.S. Citizenship Be Legally Removed?
- Immigrant Visas Leading to Lawful Permanent Residence in the U.S.
- Non-Immigrant Visas Providing a Legal Basis for Temporary Residence in the U.S.
- Work Visas Allowing Foreign Nationals to Legally Enter the U.S.
- Family Immigration Options Under the Law
- Investor Visas Providing Legal Status in the U.S.
- Visitor Visas Allowing Foreign Nationals to Legally Enter the U.S.
- Student Visas Allowing Foreign Nationals to Legally Enter the U.S.
- Denials of Visas or Green Cards & Your Legal Options
- Consular Interviews When Seeking a Visa or Green Card
- VAWA Petitions for Foreign Nationals Affected by Domestic Violence & Seeking Legal Status in the U.S.
- How Children of Foreign Nationals Affected by Domestic Violence Can Legally Obtain Immigration Status
- Work Authorization for Foreign Nationals Without Green Cards
- How Foreign Nationals Unable to Return Home Safely May Legally Qualify for Temporary Protected Status
- Asylum for Foreign National Refugees
- Humanitarian Parole for Foreign Nationals With Compelling Needs
- Advance Parole for Foreign Nationals Living in the U.S. Without Green Cards
- Deferred Action for Childhood Arrivals (DACA) and Temporary Legal Protections From Deportation
- Visa Waiver Program for Brief Visits to the U.S. Without Formal Legal Status
- Grounds for Finding a Foreign National Legally Inadmissible to the U.S.
- How the Deportation Legal Process Works
- Appeals of Immigration Decisions Through the Legal Process
- LGBTQ+ Individuals Facing Immigration Legal Issues
- Inspections of Foreign Nationals Seeking to Legally Enter the U.S.
- Unlawful Presence in the U.S. & Legal Penalties
- Tax Law Issues for Visa or Green Card Holders
- Waivers of Legal Inadmissibility to the U.S.
- How a Criminal Record Legally Affects Immigration Status
- How Social Media Use Can Affect Legal Admissibility to the U.S.
- Immigration Law FAQs
- Immigration Legal Forms
- Find an Immigration Law Lawyer
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