Children of Lawful Permanent Residents

Family Preference Category for Children of LPRs

Unlike immediate relatives of U.S. citizens, children of Lawful Permanent Residents (LPRs) fall under the family preference system, which has annual numerical limitations. This means there are limited visa numbers available each year, which may result in waiting periods.

Children of LPRs are categorized under the following preference categories:

• Second Preference (F2A): Spouses and unmarried children (under 21) of permanent residents
• Second Preference (F2B): Unmarried sons and daughters (21 or older) of permanent residents

The F2A category typically has shorter waiting times than the F2B category. However, both are subject to annual visa quotas and country-specific limitations, which can lead to significant backlogs for applicants from countries with high demand, such as Mexico, China, India, and the Philippines.

Eligibility Requirements

To petition for your child as a lawful permanent resident, you must:

• Be a lawful permanent resident (green card holder) of the United States
• Be able to prove the parent-child relationship
• File the petition while your child is unmarried (if they marry during the process, they become ineligible)
• Meet financial sponsorship requirements
• The child must be admissible to the United States

Qualifying Children

For immigration purposes, a "child" is defined as being:

• Biological children born in wedlock
• Biological children born out of wedlock, with evidence of a bona fide parent-child relationship
• Stepchildren (if the marriage creating the stepchild relationship occurred before the child's 18th birthday)
• Legally adopted children (if adopted before the age of 16 and in the legal custody of the adoptive parent for at least 2 years)

Priority Dates and Visa Bulletin

When you file a petition for your child, the "priority date" is established - this is the date USCIS receives your petition. This date determines your child's place in line for an available visa number.

The Department of State publishes a monthly Visa Bulletin that shows which priority dates are currently being processed. When your child's priority date becomes "current" (meaning it is earlier than the date listed in the Visa Bulletin for the relevant category and country), a visa number becomes available and your child can proceed with the next steps in the immigration process.

Understanding Visa Bulletin Categories

The Visa Bulletin lists the following family-based preference categories:

• F1: Unmarried sons and daughters (21 or older) of U.S. citizens
• F2A: Spouses and unmarried children (under 21) of permanent residents
• F2B: Unmarried sons and daughters (21 or older) of permanent residents
• F3: Married sons and daughters of U.S. citizens
• F4: Brothers and sisters of adult U.S. citizens

The bulletin shows different cutoff dates for each category, further divided by country of chargeability (usually country of birth). If your child's priority date is before the listed date, a visa is available.

Child Status Protection Act (CSPA)

The Child Status Protection Act provides some protection for children who might "age out" (turn 21) while waiting for visa availability or during the petition process. Under CSPA:

• The child's age is "frozen" while the I-130 petition is pending
• Time the petition spent at USCIS is subtracted from the child's biological age to determine their "CSPA age"
• If the CSPA age is under 21, the child may retain classification as a "child" even after turning 21 biologically
• The child must "seek to acquire" permanent residence within one year of visa availability

The Application Process

The process for children of LPRs typically involves the following steps:

Step 1: Filing the Petition

• The LPR parent files Form I-130, Petition for Alien Relative, with USCIS
• Provides evidence of permanent resident status
• Submits documentation proving the parent-child relationship
• Pays the required filing fee

Step 2: Waiting for Priority Date to Become Current

• After the I-130 is approved, the case enters the preference system
• The family must monitor the Visa Bulletin to determine when their priority date becomes current
• This waiting period can range from a few months to several years, depending on the category and country of chargeability

Step 3: Consular Processing or Adjustment of Status

When the priority date becomes current, the child can proceed through either:

Consular Processing (if the child is outside the U.S.)

1. The case is transferred to the National Visa Center (NVC)
2. The NVC collects fees and additional documentation
3. The case is forwarded to the U.S. embassy or consulate in the child's home country
4. The child attends an immigrant visa interview
5. If approved, the child receives an immigrant visa to enter the U.S.
6. Upon entry, the child becomes a lawful permanent resident

Adjustment of Status (if the child is legally in the U.S.)

1. The child files Form I-485, Application to Register Permanent Residence or Adjust Status
2. Attends a biometrics appointment
3. May attend an interview at a local USCIS office
4. If approved, receives a green card

Step 4: Financial Sponsorship

The LPR parent must demonstrate the ability to financially support their child at 125% above the federal poverty guidelines by filing Form I-864, Affidavit of Support. If the parent does not meet the income requirements, a joint sponsor who is a U.S. citizen or LPR may be needed.

Special Considerations and Strategic Planning

Naturalization of the Petitioning Parent

If the LPR parent becomes a U.S. citizen while the I-130 petition is pending or after it's approved (but before the child receives permanent residency), the case may be "upgraded" to a more favorable category:

• Children under 21 convert from F2A to the immediate relative category (no quota or waiting time)
• Unmarried children 21 or older convert from F2B to F1 (which may have a more favorable priority date)

Aging Out and Category Conversion

If a child turns 21 and cannot be protected by the CSPA, their petition automatically converts from F2A to F2B, which typically has a longer wait time. This is an important consideration in planning the immigration timeline.

Marriage Considerations

Children of LPRs must remain unmarried throughout the entire immigration process. If a child marries at any point before receiving their green card, they become ineligible for the F2A or F2B category.

Common Challenges

Families often face various challenges when petitioning for children of LPRs:

• Long Wait Times: Especially for high-demand countries and the F2B category
• Aging Out Concerns: Children may age out despite CSPA protections
• Documentary Evidence: Difficulty obtaining birth certificates or other proof of relationship
• Maintenance of Status: For children in the U.S., maintaining lawful status during the waiting period
• Separation of Families: Emotional and practical challenges of family separation during long waits

Our Services for Children of LPRs

JZ Law Group provides comprehensive legal services for LPRs petitioning for their children, including:

• Evaluating eligibility and determining the best immigration strategy
• Strategic timing of petition filing and naturalization (if applicable)
• Preparing and filing Form I-130 petitions
• CSPA age calculations and strategic planning for children approaching age 21
• Priority date monitoring and Visa Bulletin analysis
• Assisting with adjustment of status or consular processing
• Preparing financial sponsorship documentation
• Addressing documentary challenges for proving relationships
• Preparing clients for interviews
• Handling complex cases involving prior immigration issues or other complications

Why Choose JZ Law Group for Your Family Immigration Case

Our firm understands the importance of family unity and the desire of permanent residents to reunite with their children in the United States. We provide compassionate and thorough representation, recognizing the unique challenges faced by families separated by immigration processes.

We pride ourselves on our attention to detail, clear communication, and strategic approach to family-based immigration. We help clients navigate the complex preference system, monitor priority dates, and develop strategies to minimize family separation. From the initial consultation through permanent residency and beyond, we're here to support you every step of the way.