Bringing Children, Sons, and Daughters to the U.S.: Green Card Guide

What Does “Bringing Children, Sons, and Daughters” Mean?

In U.S. immigration, “bringing your children” means helping them obtain a Green Card (Permanent Residence). This is different from a temporary visa (such as a tourist or student visa), which only allows someone to stay in the U.S. for a short period of time.

A Green Card allows your child to live, work, and study in the United States permanently. This guide is for parents who are already U.S. citizens or Green Card holders and want to bring their children, sons, or daughters to the United States as permanent residents.

How U.S. Immigration Law Defines “Children,” “Sons,” and “Daughters”

U.S. law splits your kids into “child,” “son,” or “daughter” based on age and marriage.

• Child: A person who is under 21 years old and unmarried.
• Son or Daughter: A person who is 21 years old or older, or someone who is married.

These rules matter because they decide your category, wait time, and paperwork. A child turning 21 might switch categories and wait longer.

Quick Reference Table

Who Can Sponsor a Child, Son, or Daughter? [Eligibility Requirements]

U.S. Citizens

If you are a U.S. citizen, you have the most options. You can sponsor:

• Unmarried children (under 21).
• Unmarried adult sons and daughters (21 or older).
• Married sons and daughters of any age.

Green Card Holders (Lawful Permanent Residents)

If you have a Green Card, you have more limits. You can sponsor:

• Unmarried children (under 21).
• Unmarried adult sons and daughters (21 or older).

Note: Green Card holders cannot sponsor married children.

Understanding Categories and Waiting Times

The U.S. government puts relatives into different “lines.” Some lines move fast, while others take many years.

Immediate Relatives (IR) are top priority: spouses, unmarried kids under 21 of citizens, and parents of citizens (21+). No visa limits or waits.

Family Preference Categories have limits, so some wait years. Examples:

• F1: Unmarried sons/daughters of citizens (21+).
• F2A: Spouses and unmarried kids under 21 of green card holders.
• F2B: Unmarried sons/daughters of green card holders (21+).
• F3: Married sons/daughters of citizens.

The Preference System

For more information about family-based immigration, refer to our guide on obtaining a Green Card through family sponsorship.

Who Counts as a “Child” for Immigration?

When you apply for your family, the U.S. government has very specific rules about who is considered a “child.” It is not just based on blood—it also includes step-children and adopted children.

For immigration purposes, a “child” can be any of the following:

1. Children Born to Married Parents

• This is a child born while the parents were legally married to each other.

2. Children Born to Unmarried Parents

• If the mother is applying: No extra steps are usually needed to prove the relationship besides the birth certificate.
• If the father is applying: He must prove he is the father. This usually means “legitimating” the child (making the relationship legal) under the laws of their country, or proving he has been a real part of the child’s life (providing money or emotional support) before the child turned 21.

3. Children Born Through Assisted Reproductive Technology (ART)

• A child born to a “non-genetic” mother (the mother did not use her own eggs) is considered her child if she is the legal parent at the time of birth in that country.

4. Step-children

• A child becomes your step-child if you marry their parent before the child turns 18 years old. As long as that marriage happened early enough, you can sponsor them just like a biological child.

5. Adopted Children

• To count as a “child,” the adoption must usually be finalized before the child turns 16.
• The parent must also show they have had “legal custody” and have lived with the child for at least 2 years.

Important Reminder on Age

Remember, even if they fit one of the descriptions above, the government only calls them a “child” if they are unmarried and under 21 years old. Once they turn 21 or get married, the rules and waiting times change because they are then called “adult sons or daughters.”

Overview of the Sponsorship Process (High Level)

Sponsors start by filing Form I-130 (Petition for Alien Relative) with USCIS. This proves your family tie.

Your priority date is when USCIS gets your form. Check the monthly Visa Bulletin for when visas are available in your category.

Once available, apply for a green card—either inside the U.S. (adjustment) or abroad (consular processing). USCIS or the State Department gives final approval.

Required Documentation (Overview)

When sponsoring a child, son, or daughter for a U.S. green card, parents must submit documents to prove identity, relationship, and eligibility.

The exact documents may vary by case, but most families should expect to provide the following:

Common Documents for All Cases

• Proof of the sponsor’s U.S. citizenship or green card (such as a U.S. passport, naturalization certificate, or green card)
• Birth certificate of the child, son, or daughter
• Government-issued photo ID
• Passport-style photos
• Completed immigration forms (such as Form I-130)

Relationship Evidence (Examples)

• Birth certificates showing parent-child relationship
• Marriage certificates (for step-children cases)
• Adoption records (for adopted children)

Additional Documents (If Applicable)

• Divorce or death certificates (if prior marriages existed)
• Name change documents
• Court records (if required)

Important: Required documents depend on the sponsor’s status, the child’s age, marital status, and whether the application is filed inside or outside the U.S.

For a complete document checklist and filing tips, read the detailed guide that matches your situation.

Filing for Your Children Living in or Outside the United States

Adjustment of Status is for family already in the U.S. (legally). File Form I-485 with USCIS from home—no travel needed. It leads to an interview and green card.

Consular Processing is for family outside the U.S. After I-130 approval, the National Visa Center sends forms. Attend a U.S. embassy interview abroad, then enter as a permanent resident.

Conditional Residence and Removing Conditions

This applies to step-children and some families who have been married for less than two years.

What is a “Conditional” Green Card? If you have been married to your U.S. citizen spouse for less than two years on the day your child receives their Green Card, the child will be a “Conditional Resident.” Their Green Card will only be valid for 2 years instead of the usual 10.

How to Remove the Conditions (Keep the Green Card) To stay in the U.S. permanently, you must ask the government to remove these “conditions” during the 90-day window before the 2-year card expires. Check how to remove the conditions from a green card from our comprehensive guide.

• The Form: Use Form I-751 (Petition to Remove Conditions on Residence).
• Who Files: * If the child received their status at the same time as you (or within 90 days), they can usually be included on your own Form I-751.
  • If the child received their status more than 90 days after you, they must file their own separate Form I-751.
• Warning: If you do not file this form on time, your child could lose their legal status and may have to leave the country.

Following-to-Join Benefits

This is a “shortcut” for families when the parent already has a Green Card.

What are Following-to-Join Benefits? If you already received a Green Card through a “preference category” (like through your employer or a sibling) or through your spouse, your children might not need a separate, new petition. They may be able to “follow-to-join” you.

When Can You Use This? You can usually use this benefit if:

1. The Relationship Existed: You were already the child’s parent before you became a Permanent Resident.
2. You are still the parent: The relationship still exists today.
3. You have a Green Card: You received your Green Card through a preference category (not as an “Immediate Relative” of a U.S. citizen).

How it Works:

• Instead of starting a brand-new application from zero, you file Form I-824 (Application for Action on an Approved Application).
• This tells the government that you are already here and you want your child to join you based on your own approved status.
• This is often faster because the child does not have to wait for a new petition to be approved.

Learn more information about Form I-824 Follow to Join Application from our comprehensive guide.

The Child Status Protection Act (CSPA)

The Child Status Protection Act (CSPA) is a U.S. immigration law that helps protect certain applicants from “aging out”—losing green card eligibility after turning 21 due to processing delays. Under CSPA, a child’s “CSPA age” is calculated by subtracting the time a visa petition was pending from the child’s age when a visa becomes available. If the CSPA age is under 21 and the beneficiary remains unmarried, they may still be treated as a child for immigration purposes.

CSPA applies to immediate relatives, family-sponsored preference categories, and some refugee and asylee cases. For adjustment of status applications filed on or after August 15, 2025, USCIS uses the Final Action Dates chart from the Visa Bulletin to determine visa availability.

Check the Status of Your Visa Petition

After filing Form I-130, you can track the status of your visa petition online using the USCIS Case Status tool. You will need the receipt number from your I-797 Notice of Action. This tool shows updates such as receipt, approval, requests for evidence, or transfer to the National Visa Center (NVC). Checking your case regularly helps you stay informed and respond quickly if USCIS requests additional information.

Key Takeaways: Your Path Forward

Bringing your family to the United States is a journey that requires both patience and careful planning. The most important things to remember are that your child’s age and marital status determine their “place in line,” and your own status as a U.S. citizen or Green Card holder sets the speed of the process.

While the wait can sometimes be long, understanding these rules helps you avoid mistakes that could lead to even longer delays.

By choosing the right category and keeping track of your “Priority Date,” you are taking the first steps toward a permanent future together in the U.S. Immigration laws can change, so always ensure you are using the most current forms and checking the Visa Bulletin regularly.

Your dream of reuniting your family is a process—staying informed is your best tool for success.