Keith Mack
If you are a US citizen, you can petition for your daughter-in-law to immigrate to the United States and receive lawful permanent residence (a green card). To do this, you will need to file a visa petition using Form I-130, which is available for free download on the USCIS website. If your daughter-in-law is outside the United States, you will need to file Form I-130, and the petition will be sent for consular processing once it is approved and a visa is available. If your daughter-in-law is already in the United States and is eligible to adjust her status, you will need to file an I-485 application for adjustment of status. It is important to note that the eligibility and priority of your daughter-in-law's petition will depend on factors such as her age, marital status, and the type of relationship she has with the petitioner.
| Characteristics | Values |
|---|---|
| Form to be filled | I-130 |
| Who can fill the form? | U.S. citizen or lawful permanent resident |
| Who can be petitioned for? | Son or daughter |
| Age of the son or daughter | 21 or older |
| Marital status of the son or daughter | Married or unmarried |
| Country of birth of the son or daughter | Foreign-born |
| Derivative beneficiaries | Son's or daughter's spouse and child |
| Visa category for unmarried children over 21 of green card holders | F2B |
| Visa category for married children of U.S. citizens | F3 |
| Visa category for unmarried children of green card holders | F2A |
| Visa category for children of U.S. citizens under 21 | Immediate relative category |
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What You'll Learn
Sponsoring a daughter over 21
If you are a U.S. citizen, you can petition for your foreign-born daughter who is married or 21 years old or older to immigrate to the United States and receive lawful permanent residence (green cards). The first step in this process is to prepare a visa petition on Form I-130, which you can download for free from the U.S. Citizenship and Immigration Services (USCIS) website. You will then need to submit this form to USCIS, along with supporting documents and a fee.
Form I-130 includes questions about the U.S. citizen filing the petition and the adult or married child they wish to sponsor for U.S. immigration. For the former, you will need to provide your Social Security Number, while for the latter, you will need to provide their Alien Registration Number, which would have been assigned to your daughter if she had previously applied for permanent or temporary residence.
If you are petitioning for a step-daughter, your marriage to her genetic or legal gestational mother must have occurred before she turned 18, and you must still be married. If you are the father petitioning, legitimation is required in accordance with the laws of your place of residence. If the relationship is not legitimated under applicable laws, a bona fide parent-child relationship must be shown to have existed before your daughter's 21st birthday and while she was unmarried.
Once you file Form I-130, your daughter is eligible to apply for a nonimmigrant K-4 visa, which will allow her to come to the United States to live and work or study while the visa petition is pending. To petition for this benefit, you may file Form I-129F. However, this is not required, and your daughter may wait abroad for immigrant visa processing.
If your daughter did not obtain permanent residence at the same time as you, she may be eligible for follow-to-join benefits, which means you do not need to submit a separate Form I-130 for her. Instead, you can notify a U.S. consulate of your permanent resident status so that your daughter can apply for an immigrant visa.
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Daughter's marital status
The marital status of your daughter plays a crucial role in determining her eligibility for a green card and the type of immigrant visa she can obtain. Here is a detailed overview of how a daughter's marital status affects the immigration process:
Unmarried Daughters:
- If you are a lawful permanent resident (Green Card holder) and your daughter is unmarried, you may be able to petition for her to receive a green card. This falls under the F2 second preference family-based category, which includes unmarried children of Green Card holders.
- If your daughter is under 21 and unmarried, she is eligible for a green card under the immediate relative category, which has no caps on the number of visas issued and, therefore, no additional backlogs or delays.
- If your daughter is over 21 and unmarried, she can still qualify for a green card, but through the F2B visa category. This category has a wait time of approximately six years, and longer if your daughter is from Mexico or the Philippines.
Married Daughters:
- If your daughter is married, you can still petition for her to receive a green card, but the process and eligibility differ based on your status:
- As a U.S. Citizen: You can sponsor a green card for your married daughter over 21. This falls under the F3 family-based third preference category, which is for married children of U.S. citizens. The current wait time for this category is approximately 13 years, and it may be longer for daughters from Mexico or the Philippines.
- As a Lawful Permanent Resident (Green Card Holder): You cannot sponsor a green card for a married daughter over 21. However, if you become a U.S. citizen through naturalization after being a permanent resident for five years, you may then be able to petition for your married daughter.
- It is important to note that if your daughter marries before you become a U.S. citizen, USCIS will automatically revoke any pending Form I-130 petitions filed for her.
Timing and Legal Considerations:
- The timing of your petition and your daughter's marital status can be strategically considered. For example, you may choose to wait until your daughter gets married to petition for her under the F3 category. However, this category tends to have longer wait times than the F1 category.
- Given the complexity of immigration laws and the constant changes, it is highly recommended to consult with an immigration attorney for a full analysis and guidance throughout the process. They can help you navigate the specific requirements, forms, and timing of your petition.
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Daughter's eligibility for a green card
If you are a U.S. citizen, you can petition for your foreign-born daughter to immigrate to the United States and receive a green card. To do this, you will need to prepare a visa petition using Form I-130, which is available for free download on the USCIS website, and submit it to U.S. Citizenship and Immigration Services (USCIS) with supporting documents and a fee. This form is used to petition for a son or daughter (according to U.S. immigration law) who is married or 21 or older.
If your daughter is outside the United States, you file Form I-130. The petition will be sent for consular processing after it is approved and a visa is available. The U.S. Embassy or consulate will provide notification and processing information. If you are petitioning for a step-daughter and have not been married to the child's genetic or legal gestational mother for 2 years at the time the child receives permanent residence, the child will be granted conditional permanent resident (CPR) status. Form I-751, Petition to Remove Conditions on Residence, is used to remove the conditional basis of permanent residence.
If your daughter is already married, she would be classified under the "family third preference" (F3) visa category. This is not an "immediate relative" category, but it would allow her to bring her spouse and child. However, the waiting list in this category tends to be long, so it may not be the best strategy.
If you are inadmissible, the law may allow you to apply for a waiver of inadmissibility or another form of relief. You may apply for a waiver of inadmissibility or other forms of relief by using Form I-601, Application for Waiver of Grounds of Inadmissibility, and Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal. If a waiver or other form of relief is granted, USCIS may approve your application for a Green Card if you are otherwise eligible.
It is important to note that this is a complex process, and you should consult with an immigration attorney for a full analysis and help with preparing and filing the paperwork.
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Petitioning for a daughter under 21
If you are a US citizen, you can petition for your foreign-born child or children who are under 21 or married to immigrate to the United States and receive lawful permanent residence (green cards). The first step in this process is to prepare a visa petition on Form I-130, and submit it to US Citizenship and Immigration Services (USCIS) with supporting documents and a fee. Form I-130 is available on the USCIS website for free download.
Form I-130 is used to petition for a son or daughter (under 21 or married) of a US citizen. It can also be used to petition for a step-child, so long as the child was 18 or under when the parents got married, and the parents are still married. If the father is petitioning, legitimation is required in accordance with the laws of the father or child’s place of residence. If the father is petitioning and the relationship is not legitimated under applicable laws, a bona fide parent-child relationship must be shown to have existed prior to the child’s 21st birthday and while the child was unmarried.
If your child is outside the United States, you file Form I-130. The petition will be sent for consular processing after it is approved and a visa is available. The U.S. Embassy or consulate will provide notification and processing information. If you are petitioning for a step-child and have not been married to the child’s genetic parent or legal gestational mother for 2 years at the time the child receives permanent residence, the child will be granted conditional permanent resident (CPR) status. Form I-751, Petition to Remove Conditions on Residence, is used to remove the conditional basis of permanent residence.
If the visa petition you filed is denied, the denial letter will tell you how to appeal and when you must file the appeal. After your appeal form and the required fee are processed, the appeal may be sent to the Board of Immigration Appeals.
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Daughter's visa category
If you are a US citizen, you can petition for your daughter to immigrate to the United States and receive lawful permanent residence (a green card). To do this, you will need to file a visa petition using Form I-130, which can be downloaded for free from the USCIS website. This form is used to petition for an unmarried daughter or son over the age of 21, or a married son or daughter of any age.
The F1 visa category is one of five family preference visa categories. It is designated for unmarried sons and daughters of US citizens who are 21 or older. This category allows unmarried sons and daughters to gain lawful permanent residence in the US and, if desired, eventual citizenship. The F1 visa is subject to annual numerical limits, and the wait time for a visa number can vary depending on the applicant's country of birth and current demand. For example, in 2024, the average waiting time for F1 visa applicants was 7 years, while for Mexico-born applicants, it was 19 years.
If you are petitioning for a step-daughter, you must have been married to your spouse (the step-daughter's parent) for 2 years at the time your step-daughter receives permanent residence. If you have not been married for 2 years, your step-daughter will be granted conditional permanent resident (CPR) status, and you will need to file Form I-751 to remove the conditions on residence.
If your daughter is outside the US, you will file Form I-130, and it will be sent for consular processing once it is approved and a visa is available. Your daughter may then be eligible for a nonimmigrant K-4 visa, which will entitle her to come to the US to live and work or go to school while the visa petition is pending.
If your daughter is already married, she would be classified under the "family third preference" (F3) visa category. This category is not an "immediate relative" category, so it tends to have a longer waiting list than F1. As such, it may be beneficial to consult an immigration attorney for help with the process.
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Frequently asked questions
If you are a U.S. citizen, you can petition for your daughter-in-law by filing Form I-130, Petition for Alien Relative with USCIS.
You will need to submit supporting documents, such as proof of your relationship with your daughter-in-law and her Alien Registration Number, and pay a fee.
You can download Form I-130 from the USCIS website for free. Once you have completed and submitted the form, it will be sent for consular processing, and the U.S. Embassy or consulate will provide notification and processing information.
If your daughter-in-law is already in the United States, you may be able to file an I-485 application for adjustment of status. However, it is recommended that you consult an immigration lawyer for advice on the best course of action.
