Family reunification is an important part of U.S. immigration policy, allowing families to immigrate and build a life in the country. However, when it comes to children over 21 years old, the process can be more complex and can take longer. This article provides a detailed guide for parents looking to include their adult children in a family reunification petition, covering preference categories, the application process, and key considerations to help navigate the process smoothly.
Preference Categories for Adult Children
In the U.S. immigration system, children over the age of 21 are not considered “immediate relatives.” Instead, their eligibility for immigrant visas falls under preference categories, which determine their priority and waiting time due to annual limits set by Congress.
First Preference (F1): Unmarried adult children of U.S. citizens
This category applies to children over 21 who are not married and whose parent is a U.S. citizen. Due to high demand and annual limits, wait times for this category can vary widely, often stretching over several years.
Second Preference (F2B): Unmarried adult children of lawful permanent residents
This category is for unmarried children over 21 of lawful permanent residents (Green Card holders). Like the F1 category, annual limits on visa numbers mean that wait times can be long.
Third Preference (F3): Married children of U.S. citizens
This category includes married children of any age whose parents are U.S. citizens. Since this category has a lower priority compared to the others, wait times are often much longer, sometimes exceeding a decade.
How to Start the Family Reunification Process
To begin the process of reuniting with an adult child, follow these steps:
1. File Form I-130
The first step is for the parent—whether a U.S. citizen or permanent resident—to file Form I-130, Petition for Alien Relative for each eligible child. This form officially establishes the family relationship and is crucial for moving the immigration process forward.
It is essential to provide supporting documents, such as birth certificates proving the relationship. If there have been name changes or adoptions, the necessary legal documents must also be included. A properly completed petition helps avoid delays or denials.
2. Wait for Visa Availability
Once the I-130 petition is approved, applicants must wait for a visa to become available in their preference category. The U.S. Department of State publishes a Visa Bulletin every month, indicating the priority dates for each category and country of origin.
It’s common for wait times to be lengthy, particularly for countries with high visa demand. During this period, it’s crucial to keep all contact information updated and notify immigration authorities of any significant personal or family changes.
3. Consular Processing or Adjustment of Status
Once they are eligible for a visa, the next step depends on the child’s location:
1. If the child is outside the U.S.:
They will need to go through consular processing at the U.S. embassy or consulate in their home country. This involves an interview and submission of additional documentation. It’s important to be well-prepared for the interview to avoid any delays. How to prepare:
Gather all the necessary documentation
Valid passport: Make sure the child’s passport is valid and has enough time left for their trip to the U.S.
Form DS-260: Complete and submit the DS-260 form online, which is required for all immigrant visa applicants.
Child’s birth certificate: Provide a certified copy of the child’s birth certificate, translated into English if needed.
Proof of family relationship: If the child is the son or daughter of a U.S. citizen or permanent resident, you will need to provide proof of the family relationship, such as the parents’ birth certificate or marriage certificate.
Financial support documents: You will need to show that the petitioner (parent) has enough resources to support the child in the U.S., such as tax returns, pay stubs, or a letter from the employer.
Prepare for the Consular Interview
Practice for the interview: Go over potential questions with the child, such as their full name, the relationship with the parents, and the reasons for the visa request.
Explain the process: It’s helpful to explain to the child what will happen during the interview so that they feel comfortable and understand that it’s a normal part of the process.
Review key details: Make sure the child knows simple details, like the parents’ full names, the child’s date of birth, and the family’s address.
Prepare for the medical exam
Medical exam: The child will need to undergo a medical exam with a doctor authorized by the embassy. Be sure to schedule the appointment with enough time before the consular interview.
Vaccinations: Check if the child needs any additional vaccinations to meet the health requirements for entering the U.S.
2. If the child is in the U.S. legally:
They may be eligible to apply for Adjustment of Status (Form I-485), allowing them to obtain permanent residency without leaving the country. This process includes medical examinations, biometric data collection, and, in some cases, an interview with a USCIS officer. Ensuring that the child’s immigration status remains valid throughout the process is key to avoiding complications.
Key Considerations for Family Reunification with Adult Children
Marital Status of the Child
Marriage can change the preference category and, in some cases, affect eligibility. For example, if a permanent resident files a petition for an unmarried child (F2B), but the child gets married before the parent becomes a U.S. citizen, the petition could be invalidated. It’s essential to keep marital status updated and promptly inform immigration authorities of any changes.
Updating Information
Since wait times can be very long, it’s critical to keep immigration authorities informed about any changes in personal or family circumstances, such as address changes, marital status, or the birth of children. This is to make sure that you receive all relevant communications and that the process continues smoothly.
Professional Guidance
Given the complexity and potential changes in immigration laws, consulting with an experienced immigration attorney is highly recommended. A professional can provide personalized guidance, help avoid common mistakes, and ensure all legal requirements are met, increasing the chances of success. An attorney can also advise on strategies to shorten wait times and assist with unexpected challenges.
When is it possible to use a service like Alvva, and when is it better to work with an attorney?
Using a service like Alvva: A service like Alvva is a great option when you’re looking for general guidance and support in planning your immigration process. Alvva offers tools and resources that will help you understand the big picture and provide you with up-to-date information on visa options, requirements, and available procedures. This type of service is perfect for those who are in the early stages of their immigration journey or when they already have clarity about the type of visa they want to apply for and are not facing complex legal challenges.
When it’s better to work with an immigration attorney: On the other hand, working with an immigration attorney is essential when you’re dealing with more complicated situations or when you want to ensure that everything is handled according to the law, especially if you have a complicated immigration case, such as issues with your immigration history, previous visa denials, or the need to appeal a decision.
Impact of Immigration Restrictions
Immigration policies can shift with each government administration. Staying informed about changes in processing times, eligibility requirements, and application procedures is crucial. At times, additional restrictions have affected family reunification processes. Checking official sources like the USCIS and working with an immigration expert like Alvva can ensure that the correct procedures are followed.
Possible Delays and Solutions
One of the most important factors to consider is the wait time for the family reunification process. Unlike children who are minors, who are classified as “immediate relatives” and can obtain a Green Card in months, adult children must wait in line according to their preference category and country of origin.
To avoid complications, applicants should monitor the progress of their case closely and respond promptly to any additional requests from USCIS or the consulate. In some cases, if a parent becomes a U.S. citizen after filing an I-130 petition as a permanent resident, they can request reclassification to shorten the waiting time.
To monitor your case, applicants can use the following resources:
USCIS Website (U.S. Citizenship and Immigration Services)
You can check the status of your application using your receipt number through their online tool:
https://www.uscis.gov/
USCIS Case Status Portal
This portal allows you to track your case status and receive updates:
https://egov.uscis.gov/casestatus/landing.do
USCIS Email and Mail Notifications
Be sure to check both emails and physical mail from USCIS for any additional requests or important updates.
U.S. Embassies and Consulates
If your case is being processed through a consulate, you can monitor its progress through the consulate’s official website.
Form I-130 – Petition for an Alien Relative
If a parent becomes a U.S. citizen, they can request a reclassification of their visa petition to speed up the process. Information on how to do this is available at the following link:
Form I-130
These resources will help you stay informed about the progress of your case and respond quickly to any requests, ensuring the process moves forward smoothly.
Estimated Wait Times by Category
- F1 (Unmarried children of U.S. citizens): Currently, the wait ranges from 7 to 10 years, depending on the country of origin.
- F2B (Unmarried children of permanent residents): The wait varies between 5 and 8 years, but can be longer for high-demand countries like Mexico and the Philippines.
- F3 (Married children of U.S. citizens): This category has the longest wait time, often exceeding 10 to 15 years.
What If My Child Turns 21 During the Process?
If the family reunification petition was filed when the child was under 21 but they turned 21 before the visa was approved, they may no longer qualify as an “immediate relative.” In these cases, the Child Status Protection Act (CSPA) may provide protection.
How Is Age Calculated Under CSPA?
The CSPA age is calculated as follows:
Adjusted age = Chronological age at visa availability – Time the petition was pending
This means that the time the visa petition was in process (from submission to approval) is subtracted from the child’s age when the visa becomes available. If the adjusted age is still under 21, the child can still qualify as a minor for immigration purposes.
When we say “when the visa is available,” it refers to the moment when a visa number is ready to be assigned and processed. This timing depends on the type of visa and the annual limits set for each category. In the context of the Child Status Protection Act (CSPA), “visa availability” is when the U.S. Department of State can issue the visa, based on the Visa Bulletin. For children, the time it takes for the petition to be processed— from submission to approval— is taken into account. If you subtract that processing time from the child’s age at the time the visa becomes available, and the adjusted age is still under 21, the child can still be considered a minor for immigration purposes, even if their actual age is over 21.
Successfully Reuniting with Your Family
Including adult children in a U.S. family reunification petition can be a long and complex journey, but it’s achievable with proper planning and guidance.
From filing Form I-130 to waiting for visa availability and completing the final steps, each stage requires careful attention to detail. While wait times can be lengthy, understanding preference categories and meeting all requirements can significantly streamline the process.
Do you want to reunite with your child but don’t know where to start?
At Alvva, we understand how important it is to keep families together. Our founders have experienced the immigration process and know the challenges that immigrants face. We offer a free consultation call to assess your situation and help you take the next step toward bringing your loved ones closer.
