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  • Writer's pictureUnion Law Group

How can Citizen or Permanent Resident parents petition their children?

The age and marital status of your children is crucial for immigration processes. For immigration reasons, a “child” is defined as a person who has not married and who is under 21 years of age. When a person is married and / or over the age of 21, that person is no longer considered a "child" and is categorized as a "son" or "daughter."


Children living in the United States

Child of a US citizen mother: If the mother is a US citizen, she can petition and send the form for permanent residence simultaneously. The mother would not have to wait for a visa to become available because the child would be categorized as an immediate relative.

Child of mother with permanent residence: If the mother is a permanent resident, she will have to petition her child first. Then the child will have to apply for permanent residence. Your child will have to wait for a visa to become available in order to apply for residency. Your child would have an F2A category. Today, for immigrants with Mexican nationality, the F2A category has a wait of approximately 2 years.


Children living outside the United States

Child of a United States citizen or permanent resident mother: If your child is outside the United States, you must file a petition. The petition would be sent to start the consular process after the petition is approved and a visa is available. The United States Embassy will provide more information.


If you want to make an appointment, dial our phones: US: (619) 662-2170

or MX: (664) 622-5442

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