Petitioning for a Green Card for Your Adult Child Over 21: Challenge and Solutions.

are you a green card holder wanting to help your adult child move to the United States? Understanding family-based immigration laws and how they apply to children over 21 is crucial. Processing times and requirements can be confusing, especially when your family’s future depends on every step. This guide breaks down the timeline, key paperwork, and what to expect when petitioning for a child over 21 as a legal permanent resident (LPR) of the United States. We’ll walk you through the major stages of the process and offer tips to help you manage expectations and avoid common pitfalls.

Child Green Card Petition: Age Matters

U.S. immigration law distinguishes between “children” under 21 and “sons and daughters” over 21. This difference is critical. If your child is 21 or older, they are classified as an “adult son or daughter” for immigration purposes, even if they are unmarried. Adult children of green card holders fall under the Family Second Preference (F2B) category, which means longer processing times and a waiting period for visa availability.

Petition for Children Immigration: The Basics

Who can you petition for?

As a green card holder, you can petition for your unmarried sons and daughters over 21. Unfortunately, the law does not permit green card holders to sponsor married children until the petitioner becomes a U.S. citizen.

Key Factors Affecting Wait Times

Several factors affect how long this petition process takes:

• Relationship (over 21 and unmarried)
• Country of origin (certain countries have longer queues)
• USCIS service center processing the application

Sponsoring Children to the USA

The 2-Step Process

Filing Form I-130 (Petition for Alien Relative)

Visa availability and consular processing (if outside the U.S.) or adjustment of status (if in the U.S.)

Both steps are necessary, and the waiting period between them can be considerable.

You can also read: How Much Do You Need to Earn to Sponsor Your Child?

Form I-130 for Child Petition

What Is Form I-130?

Form I-130, “Petition for Alien Relative,” is the official request to the U.S. Citizenship and Immigration Services (USCIS) to establish the family relationship between you and your child. This must be approved before your adult child can proceed to the next step.

How long does an I-130 take for a child over 21?

Average processing time for green card holders petitioning an adult unmarried child is between 18 and 59.5 months.

• Fastest service center (Texas): ~18 months
• Slowest service center (California): up to 59.5 months
• Nationwide average falls around 3–4 years for approval

Service Center Differences

Different USCIS service centers handle petitions at different speeds. Double-check your service center assignment after filing your I-130.

What Happens Next?

Approval of the I-130 petition does not guarantee an immigrant visa is immediately available. The petition only puts your adult child “in line” for a visa according to the “priority date” (the date USCIS receives your I-130).

Family Immigration for Children Over 21

Waiting for a Visa Number

U.S. law limits the number of family-preference green cards issued each year, with per-country caps. After I-130 approval, your child waits for their priority date to become current in the Visa Bulletin. If your child is from a country with high demand (like India, China, Mexico, or the Philippines), the wait can run much longer than the averages mentioned above, sometimes stretching into decades.

Example:

• A green card holder from Mexico petitions for an unmarried son who is 25.
• The I-130 takes 4 years to approve.
• Visa Bulletin shows a current wait of an additional 8–10 years due to country caps.
• Total wait could be over a decade.

Adjustment of Status vs. Consular Processing

• If your child is already in the U.S. legally: They may be eligible to adjust status once the priority date becomes current.
• If your child is outside the U.S.: They’ll complete consular processing in their home country after a visa is available.

Maintaining Eligibility

Your child must remain unmarried throughout the process. If they marry, the petition is no longer valid until you become a U.S. citizen and file a new petition as a citizen parent for a married child.

Key Considerations and Tips

Double-Check Your Documentation

• Submit accurate and complete paperwork with your I-130 petition to avoid delays.
• Collect civil documents (birth certificates, proof of relationship, copies of permanent resident card).

Track Processing and Priority Dates

• Monitor the Visa Bulletin regularly: Check when your child’s priority date is likely to be current based on their country category.
• Stay updated on changes in immigration law and USCIS policy.

Seek Legal Guidance

Given the complexity and long wait times, many families choose to consult an immigration attorney. This is especially important if your family circumstances could change (e.g., the child is about to get married or turn 21).

Taking the Next Steps for Your Family

Sponsoring an adult child for permanent residence as a green card holder is a multi-year process requiring patience and careful planning. Understanding the timeline and requirements helps you set realistic expectations and avoid disappointment.

Action Steps for Green Card Holders Wanting to Petition for a Child Over 21:

• Begin by completing and submitting Form I-130 as soon as possible.
• Gather all required documentation to speed up processing.
• Monitor your application’s progress and visa bulletin updates.
• Maintain open communication with your child to keep them informed of timelines and any eligibility changes.
• If you are on a path to U.S. citizenship, becoming a citizen can expand your options for sponsoring married children and may reduce wait times.

For the latest updates or personalized guidance, consult the USCIS website or a qualified immigration attorney. All family’s circumstances are unique, and the rules and timelines continue to evolve.