How to petition for your child (unmarried, under 21)

An unmarried child under 21 of a U.S. citizen is an immediate relative — the category with no visa queue. The petition itself is straightforward; what deserves attention is the category's edges, because marriage or a 21st birthday changes the case. Here is the structure, every claim cited. This is general process description, not advice about any individual case.

The petition and the fee

The case starts with Form I-130, one petition per child, establishing the parent-child relationship with civil documents: the child's birth certificate, the petitioner's proof of citizenship, and — where documents come from another country — certified English translations. Under the current G-1055 schedule the I-130 costs $675 on paper or $625 online. USCIS fees change periodically — before filing, verify current amounts on the official USCIS fee schedule (Form G-1055) at uscis.gov/g-1055.

Immediate relative: no waiting line

Because an unmarried under-21 child of a citizen is an immediate relative, a visa is always available — there is no annual-quota line to stand in. The case moves at the speed of the paperwork and USCIS processing, which makes completeness the family's main lever: a petition that arrives with the relationship fully documented has nothing extra to wait on.

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The second stage: where the child is

A child living abroad completes consular processing — an immigrant-visa interview at a U.S. embassy or consulate. A child already in the United States after a lawful entry may be able to file Form I-485 and adjust status here; a child under 14 filing together with a parent's I-485 pays a reduced $950 fee under the current schedule. Which path applies turns on the child's location, manner of entry, and history — a case-by-case question.

Why age and marital status matter

The immediate-relative category belongs to unmarried children under 21. Marriage — at any point before permanent residence — moves the case into a preference category with annual limits and a real waiting line, and turning 21 can too. Federal law contains age-counting rules (the Child Status Protection Act) that affect some cases, and how they apply to a particular child is an individualized legal question: a child approaching 21 with a case in motion is a situation to put in front of a licensed immigration attorney promptly. As with every family case, criminal history, prior removal proceedings, prior denials, or complex admissibility issues also mean attorney, not filing tool — this site's assessment flags those situations and refers them.

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Common questions

Is there a visa waiting line for my child?

Not while the child is an unmarried under-21 child of a U.S. citizen — that is the immediate-relative category, with a visa always available. Marriage or turning 21 changes the category.

How much does the petition cost?

The I-130 is $675 on paper or $625 online under the current schedule, one petition per child. Verify current amounts at uscis.gov/g-1055.

My child is in the U.S. — do they have to leave to get the green card?

Not necessarily. A child in the United States after a lawful entry may be able to adjust status with Form I-485; a child abroad goes through consular processing. Which path applies is a case-by-case question.

What happens if my child turns 21 while the case is pending?

Age-counting rules in federal law (the Child Status Protection Act) affect some cases, and their application is an individualized legal question — a child approaching 21 mid-case belongs in front of an immigration attorney promptly.

What if my child gets married?

Marriage before permanent residence moves the case out of the immediate-relative category into a preference category with annual limits and a waiting line.

Certified translations and passport photos: Juke Lingo →