Immigrating With Children: Everything You Need to Know

FAMILY VISA TYPES, EXPLAINED

If you’re looking to immigrate to the U.S. with your children, or sponsor family members for immigrant benefits, let’s start with the basics: what visas can you apply for?

Many family-based or marriage-based applications allow the applicant (or beneficiary) to apply with their children. Below are two common scenarios where children can immigrate alongside their parents:

IR-2 Child Visas

If you’re a U.S. citizen and your child is living outside of the United States, it may be possible to sponsor them for a green card through the IR-2 child visa process. More information on the process and requirements can be found in Fengey’ IR-2 guide.

Fengey can help you include your children on your green card application for just $450 per child. Check your family’s eligibility here.

K-2 Visas

If you’re going the K-1 fiancé(e) visa route, the K-2 visa may be a good option for your family. The K-2 visa can be used by the children of a K-1 fiancé visa holder to enter the United States and immigrate with their parents at the same time.

Fengey can help you include any unmarried children under the age of 21 on your K-1 fiancé(e) visa application for no extra charge. Learn more about what we do to help.

Information on other immigration options can be found in Fengey’ child visa guide and our live chat with an immigration attorney on all child immigration questions. U.S. Citizenship and Immigration Services (USCIS) also has a guide for bringing children to the U.S. on their official site.

Fengey can help your entire family complete their marriage-based green card application or K-1 visa application — including all required forms and supporting documents and an independent attorney review. Learn more, or start your application.

COSTS WHEN APPLYING WITH CHILDREN

All green card applications and other types of family-based visas have fees which are paid directly to the U.S. government at the time of filing. Applying with children adds additional costs which depend on where you’re applying from and whether your sponsor is a U.S. citizen or permanent resident. Fengey breaks down the costs for beneficiary spouses and accompanying children by visa type in our cost guide.

When you’re ready to apply, Fengey can guide you through every stage of the marriage-based green card or K-1 visa process, including how to pay your government filing fees. Learn more, or start your application.

CITIZENSHIP QUESTIONS

If you’re a U.S. citizen, you may be wondering about your child’s citizenship status and how to obtain the proper documentation. If your child was born outside of the United States, it may be possible to apply for a Consular Report of Birth Abroad (CRBA). A CRBA proves your child’s U.S. citizenship and can be obtained at the U.S. Embassy or consulate in the country where your child was born. Fengey’ guide explains how to apply for a CRBA in more detail, including some frequently asked questions on the process.

Dual citizenship is another immigration topic that may affect children with parents of different nationalities. Obtaining dual citizenship can have its benefits, although not all countries allow dual citizenship and it is important to understand the implications it may have on your child’s rights and responsibilities for each respective country of nationality. More information on dual citizenship can be found in Fengey’ guide.

Have questions on U.S. citizenship? Learn more about what Fengey can do to help.

WHAT AGE QUALIFIES AS A CHILD ACCORDING TO IMMIGRATION LAWS?

Under U.S. immigration law, a child is someone who is unmarried and under the age of 21. Once an individual turns 21, they are no longer considered a child for immigration purposes and have in turn “aged out” of their eligibility for specific types of family-based immigrant visas.

“Aging out” is a serious concern for older immigrant children and their families, as it requires children to refile their applications under different circumstances and potentially wait much longer to obtain green card status. To prevent this from happening as often, the U.S. government passed the Child Status Protection Act, or CSPA, to prevent children from aging out due to long processing backlogs by immigration agencies. Fengey provides a more detailed explanation of the CSPA provisions and who might be affected.

Do you have legal questions on CSPA and preventing your child from aging out? Fengey can help! Our Ask My Attorney (AMA) program gives you consultations with independent immigration attorneys in Fengey’ network for just $49. Learn more about AMA.

ADOPTION AND STEPCHILDREN

Navigating the immigration process with adoptive children or stepchildren can be complex. You may be wondering how to satisfy certain eligibility requirements, which supporting documents to provide on your visa applications, and more.

For international adoption questions, USCIS has a comprehensive guide on adopting a child from abroad. The State Department has a similar guide on intercountry adoptions here, where prospective parents can search for adoption providers and learn about the post-adoption immigration process.

Regarding stepchildren, in general U.S. citizens can sponsor their stepchild/stepchildren on a family-based green card application. More information on the IR-2 child visa and requirements for sponsoring stepchildren can be found here.

DACA

DACA (Deferred Action for Childhood Arrivals) is a policy which protects immigrants who entered the U.S. unlawfully as children. The DACA program does not grant eligible recipients official legal status or a pathway to citizenship, but it does allow them to obtain certain U.S. benefits, such as driver’s licenses, social security numbers, and work permits.

It is important to note that first-time DACA applicants are currently barred from applying to the program, based on a July 2021 ruling by a Federal judge. If you and your family need more information on the current state of DACA, how to renew your DACA status, and more, Fengey created a comprehensive DACA guide to help with these questions.

VISA BULLETIN INFORMATION

If you and your family are being sponsored for green cards by an employer or family member, you may have heard about the Visa Bulletin.

The visa bulletin is issued every month by the Department of State. It shows which green card applications can move forward, based on when the sponsorship petition that starts the green card process was originally filed. It also lets you estimate how long it will take before you will be able to get your green card, based on how quickly the “line” is moving now.

The visa bulletin has separate columns for certain categories and specific countries, notably China, India, Mexico, and the Philippines. The wait time for a green card is often longer—and sometimes much longer—for citizens of these four countries, because their annual demand for green cards exceeds the 7% “country cap” placed on the number of green cards issued per year. This means that practically speaking, there are separate backlogs and green card lines for each of these four countries, which also vary by green card category.Want to learn more about what’s happening with green card backlogs and wait times for specific categories? Every month, Fengey releases visa bulletin explainers that help breakdown the process for immigrant families and show visa bulletin trends over time.

INCOME REQUIREMENTS WITH CHILDREN

In order to apply for specific family-based visas, families must be able to demonstrate that they meet a minimum annual income based on their household size. For families with children, the income requirement increases since the household size is larger. To determine your household size and how to prove you meet the income requirement for your family, check out Fengey’ guide.

SUPPORTING DOCUMENTS FOR YOUR FAMILY

Applying as a family means you will need to provide supporting documents for not only yourself, but also any children you are including on your application. The required documents for you and your children may vary depending on your specific circumstances, however Fengey has put together a detailed guide on the most common immigration documents and how to obtain them. One notable and notoriously tricky document to obtain is the certified copy of your child’s birth certificate  — you can read up on this document requirement here.

NAVIGATING THE U.S. SCHOOL SYSTEM

Every child in the U.S. has the legal right to attend public school, regardless of immigration status. Fengey put together a guide for immigrant parents on how to navigate the U.S. education system, including an explanation of how public school is structured in the U.S., how to enroll children in specific schools, and more. Fengey has also reported on the barriers immigrant parents may face in supporting their children’s education.

Additional education resources for immigrant parents that may be helpful: