Getting a U.S. green card for adult children (aged 21 or older) of U.S. citizens or permanent residents typically involves a family-sponsored preference category.
If you are a U.S. citizen you may be petition for unmarried sons or daughters 21 years or over, or married sons or daughters of any age (their spouses and/or children may be included in this petition). In contrast, a green card holder or legal permanent resident can only petition unmarried sons or daughters or 21 years or older (their children may be included in this petition).
To complete the Family Petition process for a son or daughter older than 21 years old, you will need to file Form I-130 as the U.S. citizen or resident parent to establish the qualifying relationship. USCIS will review the petition and once it’s approved, they will transfer the case to the National Visa Center (NVC). You will be able to complete the Consular Process through the NVC once there is a visa available.
For immediate relatives (unmarried children of U.S. citizens, 21 years or older), the NVC does not take long in providing a visa available. For children of residents, the wait time will depend on the category and the number of available visas. This can take several years, especially for certain preference categories.
Once the case is approved and you have been notified by Immigration authorities that you can proceed and there is a visa available for your son or daughter, your child will either go through consular processing at a U.S. embassy or consulate in their home country or adjust their status to permanent resident if they are already in the U.S.
It’s important to note that the process for sponsoring adult children can be lengthy due to visa number limitations in the preference categories. The wait times can vary significantly depending on the category and the applicant’s home country.
Consulting with an immigration attorney to understand the plan of action you must follow is very important and at J. Molina Law Firm we make sure you understand every step of the way. If you are in the Dallas – Fort Worth area, book your consultation today and receive the best representation!
