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I-130 Petitions for Children

Citizens and green card holders file Form I-130 for children and sons and daughters. The category, and the wait, depends on the petitioner's status and the child's age and marital status.

Who Qualifies

Citizens: children under 21 and sons and daughters, married or not. Green card holders: children under 21 and unmarried sons and daughters.

Categories

Unmarried children under 21 of citizens are immediate relatives. Others fall in F1, F2A, F2B or F3 and wait for a visa under the Visa Bulletin.

Who Counts as a Child

Genetic children, stepchildren if the marriage was before age 18, children born via ART to a legal gestational mother, and qualifying adopted children.

Good to Know

A citizen's unmarried child under 21 in the U.S. may file Form I-485 with the I-130. Other children file once a visa becomes available.

General Qualifications for an I-130 for Children

U.S. citizens and lawful permanent residents file Form I-130 for a child, son or daughter. USCIS defines a child as an unmarried person under 21. A son or daughter is 21 or older, or married. The category depends on the petitioner's status and the beneficiary's age and marital status.

Unmarried children under 21 of U.S. citizens are immediate relatives. Other beneficiaries fall in F1, F2A, F2B or F3 and wait for a visa. The Child Status Protection Act (CSPA) freezes an immediate relative's age on the date the I-130 is filed and gives preference children a formula for a CSPA age, as long as they stay unmarried.

There is no visa category for married children of green card holders. If a green card holder's unmarried son or daughter marries before immigrating or adjusting status, USCIS denies or automatically revokes the petition.

Clients This Case Type Helps

  • U.S. citizens petitioning for children under 21 or adult sons and daughters
  • Green card holders petitioning for unmarried children of any age
  • Stepparents whose marriage took place before the child turned 18
  • Adoptive parents meeting the 2-year custody and joint residence rule
  • Fathers of children born out of wedlock
  • Families with children close to turning 21

General Qualifications

  • U.S. citizen petitioners: unmarried children under 21 (immediate relatives), unmarried sons and daughters 21 or older (F1), married sons and daughters (F3).
  • Green card holders: unmarried children under 21 (F2A) and unmarried sons and daughters 21 or older (F2B). No category for married children.
  • Stepchild: the marriage creating the step-relationship took place before the child turned 18.
  • Adopted child: adoption before age 16 (or 18 in some sibling cases), plus 2 years of legal custody and joint residence.
  • Father of a child born out of wedlock: legitimation, or a bona fide parent-child relationship before the child turned 21 and while unmarried.
  • Under CSPA, the beneficiary must stay unmarried and, in preference cases, seek to acquire LPR status within 1 year of a visa becoming available.

Consultation Screening Questions

  1. Is the petitioner a U.S. citizen or a green card holder?
  2. How old is the child today, and when will they turn 21?
  3. Is the child married, or planning to marry before immigrating?
  4. Is this a birth, step or adopted child? When did the marriage or adoption take place?
  5. For a father: was the child born in wedlock? If not, was the child legitimated, or is there proof of a parent-child bond?
  6. Does the child have a spouse or children who could be derivatives?
  7. Is the child in the U.S.? How did they enter, and have they overstayed or been in proceedings?
  8. Was an earlier petition ever filed for this child?

General information based on USCIS and other government guidance. Eligibility depends on each client’s facts; this is not legal advice.

Common Pain Points in Petitions for Children

Children Aging Out or Marrying

A child turning 21 or marrying can change or end the category, so staff must watch ages and Visa Bulletin dates for years.

How Prima.Law helps: Priority date tracking and saved Case Management Board views keep preference cases visible, and USCIS receipt alerts flag status changes on each child's case.

Relationship Proof Varies by Child

Stepchildren, adopted children and children of fathers born out of wedlock each need different proof, from adoption decrees to bond evidence.

How Prima.Law helps: A detailed, proven child petition checklist built and maintained by active immigration lawyers lists the records for each type of child. Clients upload to it in the portal and staff mark items complete.

One Petition Per Child, Same Data

Families with several children need a separate I-130 for each, repeating petitioner details and inviting typos across filings.

How Prima.Law helps: Data is prepared once in Prima.Law and the Chrome extension autofills each USCIS online I-130. If the site is slow, times out or goes down, the data stays safe in Prima.Law and is sent again, not retyped.

How Prima.Law Helps With Petitions for Children

Priority Dates

Track the priority date on each F1, F2A, F2B and F3 case so your team knows when a visa is available and the next filing can begin.

Parent-Specific Evidence

Checklists cover birth certificates, marriage and legitimation records, stepparent marriage proof, and adoption decrees with custody evidence.

Online I-130 Filing

Autofill fills I-130 from petitioner and beneficiary profiles. Send the data to the USCIS online form with the Chrome extension, then review and submit.

Family Intake

Smart Interviews collect the child's history from parents on any device, and answers import straight into the contact profile and forms.

Typical Forms and Evidence

How a Petition for a Child Works

Category drives the timeline

01

File Form I-130

The parent files Form I-130 with proof of status and of the parent-child relationship for each child.

02

USCIS Decision

USCIS reviews the relationship evidence and the petitioner's status, then issues a decision.

03

Check the Category

Immediate relative children have a visa always available. Preference cases wait until the Visa Bulletin shows a visa available.

04

Adjust or Process

Children in the U.S. file Form I-485 when eligible. Children abroad go through consular processing at a U.S. embassy or consulate.

Related Case Types

I-130 for Parents

Petitions by U.S. citizens age 21 or older for a mother or father.

Adjustment of Status

Form I-485 green card applications under INA 245(a), with I-864 and I-693.

NVC and Consular Processing

National Visa Center steps from case creation to the immigrant visa interview.

Family Immigration

All family immigration case types in Prima.Law.

Ready to See It in Action?

Book a demo and see how Prima.Law handles I-130 for Children cases.

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