Family-Based Petitions
FAMILY-BASED VISA PETITIONS
PARENTS PETITIONING FOR CHILDREN
The age and marital status of your children are important factors in the immigration process. For immigration purposes, a “child” is an unmarried person under 21 years of age. A “son” or “daughter” is a person who is married or is 21 years of age or older. For additional clarification, please read the requirements listed below.
| If you are a... | You may petition for... |
| --- | --- |
| U.S. citizen |
- Children (unmarried and under 21) - Unmarried sons and daughters (21 or over) - Your son or daughter’s child(ren) may be included on this petition. - Married sons and daughters (any age) - Your son or daughter’s spouse and/or child(ren) may be included on this petition. |
| Permanent resident (Green Card holder) |
- Children (unmarried and under 21) - Your child’s child(ren) may be included on this petition. - Unmarried sons and daughters (21 or over) - Your son or daughter’s child(ren) may be included on this petition. |
See PARENT PETITIONING FOR CHILD PAGE
ADULT SONS & DAUGHTERS PETITIONING FOR A PARENT
To petition for your parents (mother or father) to live in the United States as Green Card holders, you must be a U.S. citizen and at least 21 years old. Green Card holders (permanent residents) may not petition to bring parents to live permanently in the United States.
| If you are a U.S. citizen who is at least 21 years old, and your… | Then you must submit... |
| --- | --- |
| mother lives outside the United States, |
- Form I-130 - A copy of your birth certificate showing your name and your mother’s name - A copy of your Certificate of Naturalization or U.S. passport if you were not born in the United States |
| father lives outside the United States, |
- Form I-130 - A copy of your birth certificate showing your name and the names of both parents - A copy of your Certificate of Naturalization or Citizenship or U.S. passport if you were not born in the United States - A copy of your parents’ civil marriage certificate |
| father lives outside the United States and you were born out of wedlock and were not legitimated by your father before your 18th birthday, |
- Form I-130 - A copy of your birth certificate showing your name and your father's name - A copy of your Certificate of Naturalization or Citizenship or U.S. passport if you were not born in the United States - Evidence that an emotional or financial bond existed between you and your father before you were married or reached the age of 21, whichever came first |
| father lives outside the United States and you were born out of wedlock and were legitimated by your father before your 18th birthday, |
- Form I-130 - A copy of your birth certificate showing your name and your father's name - A copy of your Certificate of Naturalization or Citizenship or U.S. passport if you were not born in the United States - Evidence that you were legitimated before your 18th birthday through the marriage of your natural parents, the laws of your state or country (of birth or residence), or the laws of your father’s state or country (of birth or residence) |
| petition is filed to bring your step-parent to live in the United States, |
- Form I-130 - A copy of your birth certificate showing the names of your birth parents - A copy of the civil marriage certificate of your birth parent to your step-parent showing that the marriage occurred before your 18th birthday - A copy of any divorce decrees, death certificates, or annulment decrees to show that any previous marriage entered into by your natural or step-parent ended legally |
| petition is filed to bring your adoptive parent to live in the United States, |
- Form I-130 - A copy of your birth certificate - A copy of your Certificate of Naturalization or Citizenship if you were not born in the United States - A certified copy of the adoption certificate showing that the adoption took place before your 16th birthday - A statement showing the dates and places you have lived together with your parent |