Your Immigration Link to the World

Because there is a limit as to the number of children who may immigrate in a given year, there is a waiting period before an immigrant visa number becomes available. Children of legal permanent residents are categorized under the Family Preference Category 2A (F2A).

Qualification:
To qualify as a "child" of an LPR, the child must be unmarried. There is no age requirement. The definition includes biological children, adopted children and step-children. Children born in wedlock may applicable through either LPR parent. If a child was adopted, the adoption must have been finalized before the child's 16th birthday and the adopting parents must have had at last 2 years of legal custody. Orphans may also qualify in some circumstances. As long as a marriage occurred before a stepchild's 18th birthday, a stepchild will qualify as an immediate relative.

There are two ways for a child of an LPR to obtain permanent residence:

1. If the child of the LPR is legally in the United States, the LPR parent must file a petition for you and it must be approved. You must wait for your priority date in your Family Preference Category 2A to become current. Your priority date is the date when the petition was filed. Once the priority date is current, the LPR child may adjust status.
2. If the child of the LPR is outside the United States, he/she may become a legal permanent resident through consular processing. Consular processing is when the USCIS works with the U.S. Department of State to issue a visa from an approved petition when it is available. Under consular processing, the Department of State will issue the visa (if approved). Once the child travels on the immigrant visa, s/he will become a legal permanent resident when admitted at a U.S. port of entry.

Things to keep in mind:

1. Turning 21 years of age: If you are an unmarried child of an LPR, turning 21 years of age may delay the process of becoming a permanent resident or obtaining an immigrant visa. You will no longer qualify as an "Unmarried Child of a Lawful Permanent Resident" and will convert to the category of an "Unmarried Son or Daughter of a Lawful Permanent Resident (F2B)." This change in categories may result in a significant delay in your immigrant visa becoming available.
2. The Child Status Protection Act (CSPA): In certain cases, the CSPA may allow you to retain the classification of "child" even if you have reached age 21.
3. Getting Married: If you are the unmarried son or daughter of a permanent resident, and you get married prior to becoming a permanent resident, you no longer qualify for permanent residence through your permanent resident parent. There is no visa category for a married child of a permanent resident. Note: You must notify USCIS of any change in your marital status after a petition has been filed for you and prior to becoming a permanent resident or obtaining an immigrant visa.
4. LPR Parent becomes a U.S. citizen: If the LPR parent that petitioned for you becomes a U.S. Citizen, your preference category would change and a visa may be available sooner. This is because you would now be getting a green card as a relative of a U.S. citizen.