Filing immigrant visa petitions (I-130) for children?

Yes, you may file an immigrant visa petition for children (under IR-2 category, Child of a U.S. citizen) as long as they are under 21 and they remain unmarried. If/when they turn 21 years of age during the petition processing, your petitions will remain valid but the categories change (to F1-1, Unmarried Son or Daughter of a U.S. citizen) and become subject to the numerical limitations (waiting period for visa availability). If they get married, your petitions still remain valid and yet the categories change (to F3-1, Married Son or Daughter of a U.S. Citizen) and they become subject to the numerical limitations for that category. In order to prevent their petitions to become subject to numerical limitations (the waiting period for visa availability) due to delays in processing, it would be better to consult with an immigration attorney and have him/her submit their petitions along with their supporting documents properly.

Should you have any questions regarding filing immigrant visa petitions (I-130) for children, feel free to reach our Law Firm at 1-212-245-70 70 or [email protected] email address.

Thank you.

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