Can a permanent resident petition for a son/daughter over 21?
If you are a lawful permanent resident (LPR) and want to bring your over 21 sons/daughter to the country, this is what you need to know.
Lawful permanent residents of the United States can petition for certain members of the family, under certain conditions.
However, you should be aware that not all family members apply. For example, a resident may petition his/her spouse and children, but not his/her siblings nor parents.
In addition, for immigration purposes, the authorities establish two categories for children. A “child” is any unmarried person under the age of 21, while “son” or “daughter” is a person who is married or is 21 or older.
An LPR can petition for their son or daughter over 21 years old only if they are single.
How to petition my son/daughter over 21?
To petition your son/daughter you must start the process before the U.S. Citizenship and Immigration Services, USCIS.
You must have some documents on hand, such as your Green Card, your son/daughter’s birth certificate and other identification documents. If you are a stepfather or stepmother, you must attach a copy of the marriage certificate with your partner.
USCIS will also ask you to fill out the corresponding forms and pay the established fees.
By law, you must additionally agree to be the financial sponsor of your child. This means that you will be financially responsible before the US government for the petitioner.
How long does it take to petition for an over 21 son/daughter?
There is no specific time to get to know the waiting time for the process once you petition your son/daughter.
What you should know is that there are several factors that affect the waiting times for the process, such as the type of category to which his/her classify and the place of birth of your son/daughter.
It may also vary depending on the processing center and the consulate where the interview takes place. Also, you must consider the priority date, which you can check in the Visa Bulletin.
A son/daughter over the age of 21 is classified as F2B. Waiting times for this category vary from two to seven years. But in some cases, there may even be waiting times of up to 20 years or more.
This is because the US government limits the number of visas assigned annually, and those who do not reach it are signed on the waiting list.
You should also know that if your child marries the process will no longer be valid since he/she no longer meets the conditions to be petitioned. There is no age limit to ask for a child, as long as they are single.
In that specific case, you might petition your married son/daughter once you have become as a US citizen, by initiating a different process.
Remember to have the advice of a certified immigration attorney with experience in these types of procedures. This will ensure that your case is handled appropriately, favoring its successful closure.
At Quiroga Law Office we are willing to help, we can advise you with the immigration procedures that you and your family need.
Contact us, our team of lawyers will take care of your case and will be with you throughout the process.
Request a consultation or call us, (509) 498-3485.