How Long for Unmarried Child Over 21 to Get Green Card
Green Card for Unmarried Child Over 21
If you have an immigrant daughter who needs a visa, or you need a green card for a son over 21, there are detailed steps to take in the application process you need to know. If your unmarried son or daughter needs help, it’s wise to contact an immigration attorney who can help you sort through the complex green card process, making it easier and potentially faster.
Green Card Options for Unmarried Children Over 21
Under family-based immigration categories, unmarried children over 21 may be eligible for green cards. A green card for a child over 21 is usually in the F1 category or the F2B category. Birth certificates or other legal documentation are required for both categories, and the candidate must remain single during the application process. Both require a sponsor, and processing times differ according to the applicant’s country of origin, sponsor status, and location.
What is the difference between F1 and F2B?
The difference between the F1 and F2B immigration categories is the sponsor’s immigration status. The F1 category (Family First Preference) applies to unmarried adult children (21 or older) of U.S. citizens. An applicant in the F1 category has a higher priority for a visa because they are sponsored by a U.S. citizen. In the F2B category (Family Second Preference) a 21-year-old or older adult child or lawful permanent resident faces longer wait times because of annual caps on the number of visas that are issued so they have a lower visa priority.
Understanding Family-Based Immigration Categories
Steps to Apply for a Green Card for Unmarried Children Over 21
Each step needs careful attention to deadlines and documentation, and consulting an immigration attorney can ensure the process goes smoothly.
Determine Eligibility: Confirm whether your child qualifies under the F1 category (unmarried children of U.S. citizens) or F2B category (unmarried children of lawful permanent residents).
File Form i-130: The sponsoring parent must file Form I-130 (Petition for Alien Relative) with U.S. Citizenship and Immigration Services (USCIS) to establish the qualifying relationship.
Wait for Visa Availability: The F1 and F2B categories have visa caps. Applicants must wait until their priority date becomes current, as indicated on the Visa Bulletin.
Complete Adjustment of Status or Consular Processing:
- If the applicant is in the U.S., file Form I-485 (adjustment of status) once the priority date is current.
- If outside the U.S., they must complete consular processing and attend an interview at a U.S. embassy or consulate.
Submit Supporting Documents: Provide a birth certificate, proof of the parent-child relationship, and required financial support documents, like Form I-864 (Affidavit of Support).
Attend the Interview: The applicant must attend a visa or adjustment of status interview, where they’ll answer questions and provide additional evidence if needed.
Receive the Green Card: After approval, the green card will grant lawful permanent resident status.
Understanding Family-Based Immigration Categories
Factors That Affect Green Card Processing Times
Visa category demand is a major factor influencing processing timeframes. The F1 and F2 categories have backlogs and are subject to annual visa limitations. Wait times are longer for applicants from nations with higher immigration rates, such as China, Mexico, India, and the Philippines. Priority date retrogression—when visa availability moves backward—may extend the timeline. Incomplete forms or insufficient evidence may delay processing. Changes in immigration policy or USCIS workloads also impact timelines.
What Are Priority Dates and How Do They Affect Green Card Processing?
The day you file your green card petition is called the priority date. Before you can move on with status adjustment or consular processing, your priority date needs to be current. Demand, country of origin, and visa type all affect processing timelines. It’s important to keep track of your priority date to proceed with the green card application process.
Common Challenges in Green Card Applications for Unmarried Children Over 21
- Long Wait Times: Lengthy backlogs can be involved during the F1 and F2B application process.
- Eligibility Changes: Applicants must remain unmarried to keep their eligibility.
- Documentation Issues: Missing proof of the parent-child relationship causes delays.
- Priority Date Delays: These dates can move backward and push back visa availability.
- Consular Delays: Embassy appointments and visa interviews can take time or be delayed.
How to Navigate Visa Bulletin Updates, Priority Dates, and Track Your Application
The Visa Bulletin, published monthly by the U.S. Department of State, provides updates on visa availability and priority dates for green card categories. Identify your visa category and country of origin. Compare your priority date—the date your petition was filed—with the dates listed. If your priority date is earlier than the date in the chart, your visa is current, and you can proceed with the filing for adjustment of status or consular processing. Priority dates may advance, remain stagnant, or retrogress depending on demand and visa caps. Tracking the Visa Bulletin regularly is important to avoid delays in your green card process.
What Happens If the Unmarried Child Ages Out During the Process?
If an unmarried child turns 21 during the F1 or F2 green card process, they may “age out” and lose eligibility. The Child Status Protection Act can sometimes freeze the child’s age for immigration purposes. They can calculate the applicant’s “adjusted age” based on how long the petition was pending, allowing them to stay eligible after turning 21. Otherwise, the applicant may need to change to a different visa category or speak to an immigration attorney who can help evaluate your options.
Can a U.S. Citizen Sponsor Their Stepchild Over 21 for a Green Card?
If the stepchild relationship was formed before the stepchild’s 18th birthday, a U.S. citizen can sponsor their stepchild over 21 for a green card. The stepchild would submit an application under the F1 category for unmarried adult children of U.S. citizens.
Can Green Card Holder Parents Sponsor Their Child Over 21?
Green card holder parents can sponsor their unmarried child over 21 under the F2B category. This allows lawful permanent residents to file a green card holder petition for a child over 21. Form I-130 (Petition for Alien Relative) establishes the parent-child relationship. If the applicant marries, they lose their eligibility for the F2B category.
Tips to Expedite the Green Card Process for Unmarried Children
File Form I-130 early to get an earlier priority date to potentially speed up the green card and I-130 processing time for a child over 21 who is unmarried. A well-prepared I-130 checklist expedites the process, avoids errors or missed deadlines, and raises the odds that the petition will be approved. Watch the Visa Bulletin for the priority date to become current. An unmarried child over 21 may expedite the process for a green card with the assistance of an immigration lawyer.
What Documents Are Needed for Green Card Applications?
- Petition Form: Form I-130 (family-based) or I-140 (employment-based).
- Proof of Relationship: Birth, marriage, or adoption certificates.
- Sponsor’s Status: U.S. passport, naturalization certificate, or green card.
- Application Form: Form I-485 for adjustment of status (if in the U.S.).
- Passport & Photos: Valid passport and passport-style photos.
- Medical Exam: Form I-693 from an approved doctor.
- Financial Proof: Form I-864 and supporting financial documents.
- Legal Entry Proof: I-94 or visa for those in the U.S.
What Happens If an Unmarried Child Gets Married During the Process?
An unmarried child’s eligibility is affected if they get married while applying for a green card. When an applicant marries, they lose their eligibility for the F2A and F2B categories (children of green card holders). Changes in marital status might result in delays or denial of the petition.
Our skilled immigration attorney at North County Immigration can assist you with creating a thorough green card application. They can interpret updates and ensure you’re ready to act when your priority date becomes current. We manage both adjustment of status and consular processing. As your trusted guide, our goal is to help you achieve your dream of citizenship. Contact us today for an appointment to get started.
By Anna M. Hysell
Ms. Hysell is the founding and managing attorney of North County Immigration. After graduating from law school at the University of Wisconsin and getting several years of experience, Ms. Hysell returned to her native Southern California to open an office in North San Diego County to serve clients from the Bay Area to the Mexican Border. She frequently speaks at law conferences, law schools, and workshops providing training to other lawyers. Ms. Hysell is committed to representing individuals with the resolve, compassion, ethics, and values she believes everyone deserves.