Petition for Children: Sons and Daughters of U.S. Citizens and Permanent Residents
Bringing your children to the United States requires understanding which visa category applies — and that category can change based on the child's age, marital status, and whether you are a citizen or permanent resident. Filing in the wrong category or missing a deadline can cost years.
Attorney Goncalves navigates child petitions including age-out protection under the Child Status Protection Act (CSPA), stepchild and adoption cases, and derivative beneficiary planning.
Four Child Petition Categories
USCIS uses a precise definition of "child" that differs from everyday usage. Your child's category determines wait time and eligibility.
Unmarried children under 21 of U.S. citizens
No backlog — visa immediately available
Child must remain unmarried until green card approval. Age-out protection under CSPA may apply.
Unmarried adult children (21+) of U.S. citizens
Multi-year wait depending on Visa Bulletin
Marriage at any point before approval terminates the petition.
Married children of U.S. citizens (any age)
Longest child category wait — often 10+ years
Spouse and minor children of the beneficiary may derive status.
Unmarried children of permanent residents
F2A (under 21) faster; F2B (21+) significantly longer
If petitioner naturalizes, category may upgrade to immediate relative or F1.
Child Status Protection Act (CSPA)
Children who turn 21 while a petition is pending may "age out" and lose immediate relative status. CSPA provides a mathematical formula to subtract certain processing times from the child's biological age — potentially preserving eligibility.
Calculate CSPA Age
Biological age minus time I-130 was pending with USCIS (and NVC for consular cases)
Check Visa Availability
Child must seek to acquire permanent residence within one year of visa becoming available
File Before Age-Out
Missing the one-year window to seek acquisition can forfeit CSPA protection entirely
Stepchildren, Adoptions & Special Situations
Stepchildren
Stepparent must have married the biological parent before the child turned 18. Relationship must still exist at time of filing.
Adopted Children
Adoption must occur before age 16 (or 18 if sibling adopted). Two years of legal custody and joint residence required.
Legitimated Children
Children born out of wedlock may require legitimation under the laws of the child's country or father's residence.
Derivative Children
Children of the principal beneficiary may be included on the petition if unmarried and under 21 at time of visa availability.
Naturalization Can Change Your Child's Category
If you are a permanent resident petitioning for an unmarried child, becoming a U.S. citizen can upgrade the petition from F2A/F2B to immediate relative or F1 — potentially eliminating years of wait. We evaluate whether and when naturalization benefits your family's case.
Child Petition FAQs
What happens if my child turns 21 while the petition is pending?+
Can I petition for my married daughter?+
Does my child need to stay in the U.S. during the process?+
Can my child's children (my grandchildren) immigrate too?+
Attorney Jacquelyn R. Goncalves personally handles every case — Connecticut and nationwide.