Sons and Daughters of U.S. Citizens

Helping Immigrants in San Francisco and San Jose Keep Their Families Together

You are a U.S. citizen and have adult sons and daughters who are not. Naturally, you want your family to join you in the U.S. Applying for their green cards can be a very delicate legal matter.

Can a Green Card Holder Sponsor a Child Over 21?

A lawful permanent resident may petition to bring their children to the United States, depending upon their age and martial status. Adult children over 21 years of age and unmarried may also be petitioned to come to the United States.

Daniel Shanfield Esq. Immigration Defense has successfully fought to obtain permanent residency for immigrants and their families for over a decade.

Thanks to Daniel’s background as a former attorney and prosecutor with the United States Immigration and Naturalization Service, our firm has the critical insights you need to successfully reunite your family in the United States

Including your:

Our immigration attorneys can help assist your family petition for U.S. Citizenship for your child. Contact our immigration offices in San Francisco and San Jose today at 408-359-4388!

How To Bring Your Adult Children to the U.S.

  • As the U.S. citizen petitioner, you must generally be in the United States when you file the I-130 petition
  • You may use the I-130 Petition for sons and daughters over 21 to obtain their permanent residency in the U.S
  • You may petition for them if they are married or unmarried, but they will be assigned a lower priority as married sons or daughters of a US citizen
  • The law allows only 23,400 primary beneficiaries (children approved for permanent residency) per year, so approval will not be immediate. The processing time is typically around 7 years
  • Once the I-130 petition for your primary beneficiary child or children is approved, they may then apply for an immigrant visa or adjustment of status to come and live in the U.S.
  • If they have any children under the age of 21, they may also accompany them as derivatives whether they are married or single
  • If a derivative child reaches age 21 before their permanent residency is approved, the green card may still be approved under certain circumstances

Can You Get a Green Card for Adult Children Already in the U.S.?

In some instances, your son or daughter who is already in the United States in lawful status visitor or non-immigrant status may apply for permanent residency under adjustment of status. Your child may seek a work permit and qualify for a travel permit while the adjustment application is pending.

If your adult child has overstayed their non-immigrant visa, you may still file an I-130 petition, but they will likely need to apply for a green card back in the home country unless eligible for 245(i) protection.

If your child departs after having overstayed by 180 days, they will not be allowed to return for several years. Also, an adult child present in the U.S. without inspection normally must leave the country to apply for U.S. permanent residency, with some exceptions.

Need assistance with helping your child immigrate to the U.S.? We urge you to contact our immigration offices in San Francisco and San Jose today. Call 408-359-4388 or contact us online.