• Form I-130 Petition for an Alien Relative
• U.S. citizen's birth certificate (copy), Certificate of Naturalization or Citizenship; or the legal permanent resident's alien registration receipt card
• Copy of child's birth certificate showing your name and the name of the child

Father or Stepparent*
If you are the father or stepparent of the child, you must file the following items with the U.S. Citizenship and Immigration Services:

• Form I-130 Petition for an Alien Relative
• U.S. citizen's birth certificate (copy), Certificate of Naturalization or Citizenship; or the legal permanent resident's alien registration receipt card
• Copy of child's birth certificate showing the name of both parents
• Copy of marriage certificate showing the names of both parents, or proof that a parent/child relationship exists or existed. (If you are a stepparent, the date on the marriage certificate should prove that you married your stepchild's natural parent before your stepchild's 18th birthday.)
• A copy of any divorce decrees, death certificates, or annulment decrees showing that any previous marriages entered into by you or your spouse ended legally.

Adoptive Parent*
If you are the adoptive parent of the child, you must file the following items with the U.S. Citizenship and Immigration Services:

• Form I-130 Petition for an Alien Relative
• U.S. citizen's birth certificate (copy), Certificate of Naturalization or Citizenship; or the legal permanent resident's alien registration receipt card
• Certified copy of the adoption decree
• The legal custody decree if you obtained custody of the child before adoption
• Statement showing the dates and places you have lived with the child, and proof that you lived with your child as a parent for at least two years.

*At the same time, your child may be eligible to follow the application procedures listed below:

If you are a U.S. citizen, and your child is unmarried, under 21 years, and currently inside the borders of the United States, your child may file the following materials with the U.S. Citizenship and Immigration Services. These application items can be submitted at the same time as your Form I-130, Petition for an Alien Relative:

• Form I-485 Application to Register Permanent Residence or Adjusted Status
• Form G-325A Biographic Data Sheet (if age 14 or older)
• Birth certificate
• Form I-693 Medical Examination Sheet
• Two color photos taken within 30 days (Please see Form I-485 for more instructions on photos.)
• The Form I-130, Petition for Alien Relative your parent filed for you, or the I-797 approval notice for the I-130 visa petition
• Form I-864 Affidavit of Support (completed by the sponsor). For more information, see Filing an Affidavit of Support for a Relative.
• Form I-765 Authorization for Employment (if child is over 14 and will seek employment while case is processed)
• Evidence of inspection or parole into the United States (USCIS Form I-94, Arrival-Departure Document.) For more information, see Obtaining an Arrival-Departure Record (I-94)
  
  Please note that there are certain eligibility requirements for using Form I-485.  
  

In all other cases:
You will be notified by the USCIS when your I-130, Petition for Alien Relative is approved or denied. If it is approved, your child will be notified when a visa number is available. If your child is outside the country, your child must then go to the local U.S. Consulate for processing. If your child is legally inside the United States when a visa number becomes available, your child should apply to adjust to permanent resident status

2. Your parent or sibling is applying to bring you to the United States to live.  You would like to bring your children to live in the United States with you.

If your parent is a U.S. citizen and is petitioning for you to come to the United States on Form I-130, Petition for Alien Relative, and you are married (does not matter what age) or unmarried and over 21, your spouse and unmarried children under the age of 21 do not require a separate visa petition. Your children will be included in the visa petition your parent is filing for you (see instructions above in #1).

If your parent is a legal permanent resident and is visa petition for you to come to the United States, and you are unmarried (your age does not matter), your unmarried, minor children do not require a separate visa petition. Your children will be included in the visa petition your parent is filing for you (see instructions above in #1).

If your brother or sister is petitioning for permanent residence status for you on Form I-130, Petition for an Alien Relative, your spouse and unmarried children under the age of 21 and spouse do not require a separate visa petition. Your children will be included in the visa petition your sibling is filing for you. For more information, see Bringing My Brother or Sister to Live in the U.S.

Your parent or sibling will be notified by the USCIS if their Form I-130, Petition for Alien Relative is approved or denied. If it is approved, you and your children will be notified when a visa number is available. If you are outside the country, you then must go to the local U.S. consulate for processing. If you are legally inside the United States when a visa number becomes available, you should apply to adjust to Permanent Resident Status. For more information on immigrant visa numbers, see Immigrant Visa Numbers. For more information on adjusting to legal permanent residence, see Becoming a Permanent Resident (Immigrant) While in the U.S.

3. You had children before you became a legal permanent resident, and your children did not physically accompany you to the United States. You would now like your children to join you in the United States.

If you had children before you became a legal permanent resident, your children may be eligible for following-to-join benefits. This means that you do not have to submit a separate Form I-130, Petition for Alien Relative, for your children, and your children will not have to wait any extra time for a visa number to become available. In this case, you can simply notify a U.S. consulate that your status has been adjusted to legal permanent resident so that your children can apply for immigrant visas. Your children may be eligible for following-to-join benefits in the following cases if your children are unmarried, under 21, and your relationship with them still exists:

• You received a fiance visa;
• You received a diversity immigrant visa;
• You received an employment immigrant visa;
• You received an immigrant visa based on your relationship with your sibling;
• You received an immigrant visa based on your relationship with your U.S. citizen parents when you were married or when you were unmarried and over 21;
• You received an immigrant visa based on your relationship with your legal permanent resident spouse;
• You received an immigrant visa based on your relationship with your legal permanent resident parents when you were unmarried.

If you fall into these categories, you should submit the following information to the U.S. Citizenship and Immigration Services:

• Form I-824 Application for Action on an Approved Application or Petition
• A copy of the original application or petition that was used to apply for your immigrant status
• A copy of the I-797 Notice of Action for your original application or petition
• A copy of your Certificate of Naturalization, if applicable.

If the I-824 is approved, USCIS will notify a U.S. consulate that your status has been adjusted to lawful permanent resident so that your children can apply for immigrant visas. You must then ask your children to report to the local U.S. consulate to complete the processing.

The information provided in this website is not legal advice and should not be interpreted as legal advice. This website is intended to provide a basic understanding of this information in summary form. This information may not be comprehensive, is subject to change, and may not apply to all individual circumstances. Any information received here should be confirmed with the appropriate government agencies or with an attorney, particularly as it relates to your individual circumstances. Your use of this website indicates your agreement to be bound by our Terms of Use.