A parent or child petition is a Form I-130 filed by a US citizen or lawful permanent resident to sponsor a parent, son or daughter for a green card. Parents of citizens aged 21 or over, and unmarried children under 21 of citizens, are immediate relatives with no annual cap. Older or married children, and children of permanent residents, wait in a preference-category queue.
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| Who can file for a parent | A US citizen aged 21 or over |
|---|---|
| Who can file for a child | A US citizen, or a lawful permanent resident for unmarried children only |
| Main form | Form I-130, with Form I-864 Affidavit of Support at the green card stage |
| Waiting time | None for immediate relatives; a queue for every preference category |
| Attorney fee | A flat fee for the whole matter, agreed in writing before work begins |
| Government fees | Set by USCIS and paid separately, directly to the government |
Who can file a petition for a parent or child?
A US citizen aged 21 or over can sponsor a green card for parents. Any US citizen can also file for a son or daughter of any age. A lawful permanent resident, however, can file only for unmarried sons and daughters, and cannot file for parents.
Every parent and child petition starts with Form I-130, Petition for Alien Relative, filed with US Citizenship and Immigration Services (USCIS). It is one of several family immigration routes, and USCIS describes the parent version on its page on bringing parents to live in the United States. The petition proves the family relationship and the petitioner’s status. It does not by itself give the relative any right to live or work here. That comes at the green card stage.
- Parents of US citizens Immediate relatives, as long as the citizen is 21 or over. No annual cap and no queue.
- Unmarried children under 21 of US citizens Immediate relatives as well. No queue.
- Everyone else Adult and married children of citizens, and children of permanent residents, fall into preference categories with an annual limit and a waiting line.
Which category does your son or daughter fall into?
A child’s category depends on three facts: the parent’s status, the child’s age, and whether the child is married. Each category waits in a different line. That line also moves at a different speed for each country.
| Petitioner | Son or daughter | Category |
|---|---|---|
| US citizen | Unmarried, under 21 | Immediate relative (no queue) |
| US citizen | Unmarried, 21 or over | F1 preference |
| US citizen | Married, any age | F3 preference |
| Permanent resident | Unmarried, under 21 | F2A preference |
| Permanent resident | Unmarried, 21 or over | F2B preference |
In the preference categories, the petition’s filing date becomes the relative’s place in line, called the priority date. The Department of State publishes a monthly Visa Bulletin showing which priority dates can move forward. A spouse and unmarried children under 21 of an F1, F2B or F3 beneficiary can usually immigrate with them as derivatives.
Categories can change while a case waits. When a permanent resident parent naturalizes, an F2A child under 21 becomes an immediate relative. Similarly, an F2B son or daughter moves to F1. A citizen’s child who marries moves to F3. In contrast, a permanent resident’s child who marries loses the petition entirely.
Who counts as a parent or child for immigration?
Immigration law has its own definition of “child” in INA § 101(b)(1), and it is narrower than everyday usage. A relationship that is real in every family sense can still fall outside it.
- Children born to married parents The birth certificate naming the parent is usually enough.
- Children born outside marriage A mother qualifies on the birth record. A father generally needs to show that he legitimated the child before 18, or that a genuine parent-child relationship existed.
- Stepchildren and stepparents They qualify if the marriage that created the step relationship took place before the child turned 18.
- Adopted children They generally qualify if a court finalized the adoption before age 16 and the parent had two years of legal custody and shared residence.
The same definition controls a green card for parents: the citizen must have been the parent’s “child” under these rules. Where civil records are missing, late or inconsistent, USCIS may accept secondary evidence such as school or church records. In some cases it requests DNA testing through an accredited laboratory.
What happens if a child turns 21 during the case?
A child who turns 21 while a case is pending may “age out” of the child category. However, the Child Status Protection Act (CSPA) protects many of them. How much protection applies depends on the category.
For children of US citizens, the law freezes the child’s age on the date the parent files the I-130. If the child was under 21 then, they stay an immediate relative even after their birthday, as long as they remain unmarried.
For preference categories, the calculation is more technical. The law subtracts the time the petition was pending at USCIS from the child’s age when a visa becomes available. Then the child generally has to take steps toward the green card within one year of that date. A calculation done early leaves room to act if the numbers are close.
How long does a green card for parents take?
A green card for parents of a citizen, or for young children, moves at the speed of USCIS and the consulate. That is often around a year or more. Preference-category cases add a wait for a visa number that can last many years.
- Petition filed The I-130 goes to USCIS with proof of the petitioner’s status and the family relationship.
- Petition approved USCIS confirms the relationship. In a preference category, the case then waits for the priority date to become current.
- Green card application A relative lawfully in the United States may file for adjustment of status; a relative abroad goes through consular processing.
- Interview and decision An officer at a USCIS field office or a consulate reviews the case and decides it.
The government sets processing times and Visa Bulletin movement, and both change without notice. We will give you the realistic range for your facts at the consultation, including the slow version.
What does sponsoring a parent or child commit you to?
Sponsoring a parent or child commits you to support them financially under Form I-864, the Affidavit of Support. It is a contract with the federal government, and it outlasts most people’s expectations.
The sponsor promises to keep the relative’s income at or above a level tied to the federal poverty guidelines. Suppose the relative receives certain means-tested public benefits. The agency that paid them can then seek reimbursement from the sponsor. The relative can also enforce the promise directly.
The obligation generally ends when the relative becomes a US citizen or earns credit for 40 quarters of work. It also ends if the relative leaves the United States permanently, or dies. A divorce does not end it, and neither does a falling-out within the family.
For children, there is also a benefit on the other side. A child under 18 who becomes a permanent resident and lives in the custody of a US citizen parent generally becomes a citizen automatically. That rule is INA § 320. The Certificate of Citizenship page explains how to document it.
What goes wrong with parent and child petitions?
Most problems in these cases come from the documents that prove the relationship, the sponsor’s income, or the relative’s immigration history. An attorney can usually spot each one before filing. For a spouse, the issues differ, and the spousal petition page covers them.
- Birth records that do not match Different spellings, late registration, or a father missing from the certificate all invite questions. Armenian and Russian records often need careful translation and explanation.
- Income below the threshold The petitioner signs Form I-864, a binding promise of financial support. If income falls short, the case may need a joint sponsor.
- A parent without a lawful entry A parent who entered without inspection usually cannot adjust inside the United States, and leaving can trigger a bar. Whether an I-601 or I-601A waiver is available depends on who the qualifying relatives are.
- A change in marital status A child’s marriage or divorce while the case waits can move the petition to a different category, or end it.
What does a parent or child petition cost?
The firm quotes each green card for parents or children as a flat fee, agreed in writing before any work begins. The fee does not rise if the case takes longer than expected. USCIS sets the government filing fees, and you pay them separately, directly to the government. The fees and consultations page explains how this works when you file for several relatives together.
The first consultation is free and takes about thirty minutes. We meet in person, by phone or by video, in English, Armenian, Russian or Spanish.