U.S. citizens have strong rights to sponsor their children, sons, or daughters for green cards. Outcomes depend on the child’s age and marriage status, which determine the speed and wait. This guide explains each path simply.
Introduction
U.S. citizens can bring any biological, step, or adopted child under 21 (unmarried) without waiting, plus sons/daughters 21+ (unmarried or married) with possible delays. Younger, unmarried kids move fastest as “immediate relatives.” Older or married individuals enter preference categories with limits.
For a complete overview of bringing children, sons, and daughters to live in the United States as permanent residents, see our comprehensive guide.
Understanding the Three Main Categories
U.S. immigration law divides your children into three specific groups. Each has different rules and wait times.
Category 1: Sponsoring a Child Under 21 (Immediate Relatives-IR)
- Who: Unmarried children under 21 years old.
- The Benefit: There is no limit on the number of visas available each year. This is the fastest path.
- Wait Time: Typically 12 to 18 months.
- Special Rule: If they are already in the U.S. legally, they can file for their Green Card at the same time you file the petition (Concurrent Filing).
Category 2: Sponsoring an Unmarried Adult Sons and Daughters (21 or Older) – F1 Visa
- Who: Unmarried sons and daughters who have reached their 21st birthday.
- The Wait: There is a yearly cap on these visas, creating a waiting list.
- Average Wait: Generally 7 to 9 years (longer for Mexico and the Philippines).
Note: If they get married before getting the Green Card, they move to the much slower F3 category.
Category 3: Sponsoring a Married Sons and Daughters (Any Age) – F3 Visa
- Who: Sons and daughters of any age who are legally married.
- The Wait: This category usually has the longest waiting lines.
- Average Wait: Generally 11 to 15+ years (over 20 years for some countries).
- Bonus Benefit: The spouse and unmarried children (under 21) of your married son or daughter can usually be included on the same application as “derivatives.”
For a broader overview of family-based immigration, see our detailed guide on getting a Green Card through family sponsorship.
Comparison Table: IR vs F1 vs F3
| Category | Age | Marital Status | Visa Caps | Typical Wait Time | Key Risk Factors |
|---|---|---|---|---|---|
| IR | Under 21 | Unmarried | None | 12-18 months | Aging out |
| F1 | 21+ | Unmarried | Yes | 5-10 years | Priority backlog |
| F3 | Any | Married | Yes | 10-15+ years | Marriage timing |
Who Is Considered a Child, Son, or Daughter?
To qualify for sponsorship, you must prove a legal parent-child relationship:
- Biological Children: Children born to you (the U.S. citizen) are eligible to be sponsored. You must prove the relationship with a birth certificate or official records.
- Stepchildren: If you married the child’s parent before the child turned 18, the stepchild can be sponsored as if they were your biological child.
- Adopted Children: Adopted children may qualify if the adoption meets U.S. immigration requirements and legal custody and residence rules are met.
- Proof of Relationship: You must provide documents showing the parent-child relationship. Accepted items include:
- Birth Certificates
- Adoption records
- Marriage certificates (for stepchildren)
The Sponsorship (U.S. Citizens) Process
The process generally follows these steps:
- File Form I-130: You submit the “Petition for Alien Relative” to USCIS to prove your relationship.
- Wait for a Visa Number: For adult or married children (F1/F3), you must wait for your “Priority Date” to become “current” on the monthly Visa Bulletin.
- Final Application:
- Consular Processing: If the child is outside the U.S., they will have an interview at a U.S. Embassy. Check the details on how to process through consular processing from our guide.
- Adjustment of Status: If the child is inside the U.S. legally, they may be able to finish the process here. Check the details on how to process through adjustment of Status from our guide.
Key Documents Checklist
- Proof of U.S. Citizenship: Your U.S. Passport, Birth Certificate, or Naturalization Certificate.
- Child’s Birth Certificate: Must show the names of the parents.
- Proof of Marriage/Divorce: If you are sponsoring a stepchild or a married son/daughter.
- Financial Support (Form I-864): You must prove you can financially support the child once they arrive.
Important Rules and Warnings
- Child Status Protection Act (CSPA): This special law can sometimes “freeze” a child’s age at 20 so they stay in the faster “Immediate Relative” category, even if they turn 21 while the paperwork is being processed.
- The “Unlawful Presence” Risk: If your child is in the U.S. illegally (overstayed a visa), they may not be able to get a Green Card without leaving and facing a 3-year or 10-year ban. Always talk to a lawyer if your child is in the U.S. without status.
- Don’t Misuse Tourist Visas: Coming to the U.S. on a tourist visa with the intent to stay and get a Green Card can be considered fraud and lead to a denial.
Common Mistakes to Avoid
- Filing the Wrong Category: Miscalculating a child’s age or not reporting a marriage can lead to a denial.
- The Marriage Trap: If an F1 applicant (unmarried adult) gets married before their Green Card is approved, their wait time could jump by 5 or more years.
- Not Updating Your Address: If the government cannot find you, they may cancel your petition.
What Can Change Eligibility?
Turning 21
When a child turns 21:
- They move out of the immediate relative category
- They may move to the F1 category if unmarried
Getting Married
If your child gets married:
- They become eligible only under the F3 category
- This often means a much longer wait
Priority Date and Visa Bulletin
For both F1 and F3:
- Form I-130 must be approved first
- Then your child must wait until their priority date becomes current in the Visa Bulletin before moving forward
This is the main reason for long waits in preference categories.
Conclusion
U.S. citizens can sponsor their children, sons, and daughters for a Green Card, but eligibility and waiting time depend on age and marital status. Because turning 21 or getting married can change the visa category and cause long delays, it is important to apply as early as possible. Filing Form I-130 without delay and choosing the correct category can help protect eligibility, reduce waiting time, and bring your family together in the United States sooner.
