Can a US citizen sponsor a child over 21?

In our office, we receive frequent queries such as “Can a US citizen sponsor a child over 21?” 

Our immigration lawyers in Los Angeles specialize in assisting citizens in reuniting with their children in the US. 

Call us, we are here to accompany you every step of the process.

What is the process for a US citizen to sponsor a child over 21 in 2024?

If you are an American citizen and want to petition your child of legal age, you can do so by contacting our family-based immigration lawyer to file a petition to bring your child.

This is because an American citizen can petition for any of their children, regardless of their age or marital status. 

Of course, the application time varies depending on age. For example, it is usually faster to ask a minor child. 

Which adult children may be eligible for a family petition?

Under immigration laws, eligibility to apply for your adult child is defined as follows:

• Married children, regardless of their age;
• Single children over 21 years of age; and
• Your children’s children may also be included in the application.

It is important to be aware of the requirements for this type of petition, especially if you want to file a petition to bring your parents abroad to the US permanently.

How long does a petition from a citizen parent to sponsor a child over 21 last?

The duration of a petition by a citizen parent to bring an adult child depends on the priority date on the visa bulletin. However, depending on the country of origin of the child, the waiting time can vary between 9 and more than 20 years.

Unlike minor children, children over 21 years of age must wait until their priority date is current on the visa bulletin. 

The exact processing time varies widely, so it is recommended to check the visa bulletin at all times. Additionally, you can verify with USCIS the current status of your case. 

Why, if I am an American citizen and want to petition and sponsor to bring my child over 21, do I have to wait so long to do so?

The reason why you must wait a long time to apply for residency for your adult child is because this process requires waiting for a priority date on the visa bulletin. 

In fact, only your children under 21 years of age are considered immediate family and do not need to wait for this date. Unfortunately, unmarried children over the age of 21 are in the F1 category of family petitions.

Note: Married children of American citizens fall into category F3 of the visa bulletin. This means that you will have to wait a while for them to obtain the Green Card.

Who are the immediate family members of an American citizen?

The immediate family members of a US citizen are:

• Spouse;
• Unmarried children under 21 years of age; and
• Parents, as long as the American citizen is 21 years old or older.

These family members can become lawful permanent residents if they meet certain eligibility requirements.

How long does it take to bring my spouse to the US? Check our respective blog for more detail on this petition. 

What do American citizens need to Petition Their children?

1. To apply for your adult child, you as an American citizen must submit Form I-130 to USCIS . 
2. Later, once a visa is available, your child must submit Form I-485, which will allow you to adjust your status.

Note: If your child lives outside the US, the petition will be sent for consular processing. In these cases, the US embassy or consulate will send you more information about the process.

What documents do I need to Submit if I am an American citizen and I want to Petition to bring my adult child?

If you are a US citizen and wish to apply for residency for your adult child, you will need to submit the following documents:

• Form I-130. It must be signed and with the corresponding payment;
• Evidence of your US citizenship. This can be a copy of your US birth certificate, US passport or naturalization certificate.
• Proof of name change (if applicable). If your name or your child’s name has changed, you will need to provide evidence of the legal name change.
• Evidence of the relationship. This varies depending on genetic fathers, stepfathers, adoptive fathers or gestational mothers. Contact our immigration attorneys for more details on this matter.

How can I give American nationality to my child?

For your child to legally acquire US citizenship, there are 4 main paths:

• Born in the United States or on US territory;
• Being the child of American parents, which is known as acquired citizenship;
• Complete the naturalization process using Form N-400; or
• Obtain derived citizenship through parents who have naturalized.

The first two options are the most common and direct in terms of administrative procedures. 

However, the naturalization process requires meticulous handling and adequate documentation to avoid future complications.

What is the visa category for children of US citizens over 21 years of age?

The visa category for unmarried children of US citizens over the age of 21 is the F1 category. 

It is also known as first preference and includes both unmarried children over the age of 21 of US citizens and their own children. Each year, approximately 23,400 visas are issued in this category.

In addition, there are other preference categories for different family members of citizens and lawful permanent residents:

• Category F2 or second preference: It is divided into two subcategories, F2A for spouses and unmarried minor children of lawful permanent residents and F2B for unmarried children of legal age. 
• Category F3 or third preference: Covers married children of American citizens and their children under 21 years of age. 
• Category F4 or fourth preference: Includes siblings of US citizens, along with their spouses and children. Thanks to this category you may considering bringing siblings to live in the United States as lawful permanent residents.

How much would it cost me to apply for my adult child if I am a US citizen?

The cost to apply for a Green Card for an adult child who is a US citizen will vary depending on certain factors.

However, currently the cost of Form I-130 is $625 if filed online or $675 if filed on paper.

Other fees also apply, such as Form I-485, biometric data services, medical exams, and immigration attorney fees. Although the latter is optional, it is strongly advised to avoid errors in the application.

Frequently asked questions if I am an American citizen and I want to petition to bring my adult child

Who are considered minor children?

For immigration purposes, minor children may be considered in the following ways:

• Biological children born within or outside of marriage;
• Children born through Assisted Reproductive Technology (ART) to a non-genetic gestational mother who has been recognized as the legal mother of the child;
• Stepchildren, as long as the marriage occurred before the child turned 18;
• Adopted children if the adoption occurred before age 16 (with limited exceptions) and if the adopted child has lived in the legal and physical custody of the adoptive parent for at least 2 years prior to the procedure.

Note: Most international adoptions are carried out through orphan procedures or through the Hague process. 

Can I appeal if my request for my child was rejected?

Yes, you can appeal if your request to ask for your child was denied. The denial letter you received will tell you how and when to file your appeal. 

After processing your appeal form and the corresponding fee, USCIS will forward the appeal to the Board of Immigration Appeals (BIA).

What happens if after submitting the application to ask for my child, he or she turns 21 years of age?

If you are an American citizen and filed an I-130 petition for your child when he or she was under 21, but has now turned 21, the Child Status Protection Act (CSPA) can help. 

CSPA freezes the child’s age at the time of application, which could maintain their classification as under 21. 

However, if the child is 21 years old or older, they will be classified in category F1 (single child over 21 years old). 

For an accurate assessment and to ensure that all necessary steps are taken correctly, we recommend contacting us.

Immigration Lawyers in Los Angeles, California to Help You Petition to bring an Adult Child

Although it is not mandatory to hire an immigration attorney, doing so is greatly beneficial. 

This is because a lawyer can offer you guidance and ensure that all forms are filed correctly. Therefore, you can reduce the risk of errors and delays.

Now you know that a US citizen parent can file on behalf of their adult child over the age of 21 in the US. However, it is crucial to hire professional help.

Call us, our immigration attorneys in Los Angeles, California, Lluis Law are ready to help you every step of the way.