Are you a permanent resident (green card holder) and want to sponsor your child for lawful permanent residence? Spouses of green card holders can also petition, and many families pursue both at once. The process is possible under family-based immigration, though it's more complex than citizen-based petitions. At Sakhniuk Immigration Law, led by Attorney Oksana Sakhniuk, we help you navigate it strategically and compassionately. Green card holders can also petition for children of U.S. citizens, and once your child has status, you'll want to stay current on green card renewal. Schedule a free consultation to discuss your child's petition.

• Sponsorship falls under the F2A family preference for "children of green card holders"
• Children under 21 and unmarried receive priority, though visa availability still matters
• Adjustment of status may be possible if child is in the U.S. with valid status
• Consular processing is required for children outside the U.S.
• Strong evidence of parent-child relationship and consistent records are crucial
• We provide full support: document preparation, filing, follow-up, and interview coaching

There are two scenarios for a married or unmarried son or daughter of a permanent resident to get a green card:

1. The first scenario is that the son or daughter is already in the United States in a nonimmigrant status. In this case, the green card holder may only file an immigration petition on behalf of their son or daughter and wait for the immigrant visa number to become current. During this waiting period, the son or daughter needs to independently maintain a valid nonimmigrant status in the U.S. (e.g. on a travel, student, or business visa). If by the time the immigrant visa number became available the son or daughter is still in the U.S., he or she may apply to adjust nonimmigrant status to permanent resident (Form I-485).

Don't misuse the travel visa! People try to avoid consular processing from their home country and come to the U.S. on a tourist visa before their immigrant visa number becomes available, with the original intent to adjust their nonimmigrant status in the U.S. This constitutes a fraudulent use of a tourist visa and would eventually lead to denial of the green card.

If your child overstayed their visa or failed to maintain their nonimmigrant status in the U.S. and is illegally in the U.S. at the time their immigrant visa number became available, they will not be able to get a green card. Living in the U.S. without authorization can lead to accruing "unlawful presence," preventing them from adjusting their status to permanent resident.

2. The second scenario is that the son or daughter is outside the United States. In this case, the permanent resident and son or daughter need to go through the following steps to get a green card:

1. I. Filing the immigration petition by the permanent resident on behalf of his son or daughter (I-130). To start the process of immigration for your son or daughter you will need to file Form I-130 with accompanying documents. It will take a few years for USCIS to approve the immigrant petition depending on the son or daughter's home country.
2. II. Obtaining an Immigrant Visa Number. If the immigrant visa petition is approved, your son or daughter must wait for an immigrant visa number to become available according to the preference system. Because the number of immigrant visa numbers available each year is limited, several years could pass between USCIS approval and the State Department providing a visa number. Because U.S. law limits immigrant visas by country, they may have to wait longer if they come from a country with high demand.
3. III. Case Processing and Interview Preparation. Once the immigrant visa number becomes available, the petition will be forwarded to the U.S. Consulate or Embassy in the son's or daughter's home country for processing. The child will be instructed to file an application for an immigrant visa at the consulate or embassy. After applying, they must appear for a visa interview. If successful, an immigrant visa will be issued enabling him or her to enter the U.S.
4. IV. Entering the U.S. An immigrant visa is valid for a maximum period of six months from the date of issuance. The child must travel and apply for admission to the United States within that six-month period. On the day that the son or daughter enters the United States on an immigrant visa, he or she becomes a permanent resident.

For immigration purposes, a child can be any of the following:

• A genetic child born while IN marriage.
• A genetic child born OUTSIDE of marriage:
  1. If the mother is petitioning, no legitimation is required.
  2. If the father is petitioning, legitimation is required in accordance with the laws of the father's or child's place of residence.
  3. If the father is petitioning and the relationship is not legitimated under applicable laws, a bona fide parent-child relationship must be shown to have existed prior to the child's 21st birthday and while the child was unmarried.
  4. A child born through Assisted Reproductive Technology (ART) to a non-genetic gestational mother who is recognized under the law of the relevant jurisdiction as the child's legal parent at the time of the child's birth.


• A step-child, as long as the marriage creating the step-relationship occurred before the child turned 18.
• An adopted child if the child was adopted prior to age 16 AND the adopted child has resided in the legal and physical custody of the adoptive parent for 2 years prior to filing (the legal and physical custody do not have to be the same time period, but each must be met for 2 years).

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