Gavin Howe
If you are a Lawful Permanent Resident (LPR) in the US, you may apply for a visa for your son. The visa category depends on your son's age and marital status. If your son is unmarried and under 21, they fall under the F2A visa category. If your son is unmarried and over 21, they fall under the F2B visa category. If your son is married, they fall under the Third Preference category. To start the visa application process, you must submit Form I-130, which demonstrates a qualifying relationship. If your son is already in the US, he may apply to adjust his status to become a permanent resident after a visa number becomes available using Form I-485.
| Characteristics | Values |
|---|---|
| Who can apply for a visa? | Spouse, unmarried child (under 21), unmarried son or daughter (over 21) of a Lawful Permanent Resident (LPR) |
| Type of visa | Family-based immigrant visa |
| Visa category | Family based second preference category |
| Visa petition | Form I-130 |
| Visa classification | V visa classification |
| Visa petition for benefit | Form I-129F |
| Visa for spouse and unmarried children of legal permanent residents | F2A visas |
| Visa for unmarried children who are 21 years of age or older | F2B visas |
| Visa for married sons and daughters (any age) of U.S. citizens | Third Preference |
Explore related products
What You'll Learn
- Unmarried sons under 21 of lawful permanent residents can apply for a visa
- Unmarried sons over 21 of lawful permanent residents can apply for a visa
- Lawful permanent residents must file Form I-130 for their son
- Sons of lawful permanent residents can apply for an F2A or F2B visa
- Sons of lawful permanent residents can apply for a K-4 visa
Unmarried sons under 21 of lawful permanent residents can apply for a visa
If you are an unmarried son under 21 of a Lawful Permanent Resident (LPR), you may apply for a visa in the family-based second preference category. This is based on an immigrant visa petition filed by your relative with the U.S. Citizenship and Immigration Services (USCIS). Your relative is required to file an immigrant visa petition (Form I-130) on your behalf. If a petition has not already been filed, information about how to do so is available on the USCIS website. The petition will take several months to process. Once approved, the petition will be forwarded to the National Visa Center (NVC) in New Hampshire, which will process the visa application.
If you are a U.S. citizen, once you file Form I-130, your child is eligible to apply for a nonimmigrant K-4 visa. This will allow them to come to the United States to live and work or go to school while the visa petition is pending. You may file Form I-129F to petition for this benefit, though this is not required. Your child may wait abroad for immigrant visa processing. Seeking a K-4 visa can be a faster way for them to come to the United States.
If you are a Lawful Permanent Resident (Green Card holder) and you have filed Form I-130 for your child on or before December 21, 2000, your child may be eligible for the V visa classification if more than three years have passed since the I-130 was filed.
For immigration purposes, a "child" is defined as an unmarried person under 21 years of age. 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.
Imamate Eligibility: Illegitimate Children in Islamic Law
You may want to see also
Explore related products
Unmarried sons over 21 of lawful permanent residents can apply for a visa
If you are the unmarried son of a Lawful Permanent Resident (LPR) and you are over 21, you may apply for a visa in the family-based second preference category. This is based on an immigrant visa petition filed by your relative with the U.S. Citizenship and Immigration Services (USCIS). Your relative is required to file an immigrant visa petition, Form I-130, on your behalf. This process can take several months. Once approved, the petition will be forwarded to the National Visa Center (NVC) in New Hampshire, which will process the visa application.
If you are a U.S. citizen and your relative is your child, you can file Form I-130, and your child will be eligible to apply for a nonimmigrant K-4 visa. This will allow them to live and work or go to school in the U.S. while the visa petition is pending. Alternatively, your child may wait abroad for immigrant visa processing. Seeking a K-4 visa can be a quicker method for your child to enter the U.S.
If you are a Lawful Permanent Resident (Green Card holder) and have filed Form I-130 for your child on or before December 21, 2000, your child may be eligible for the V visa classification if more than three years have passed since the I-130 was filed.
It is important to note that for immigration purposes, a "'child'" is defined as an unmarried person under 21 years of age. A "son" is considered to be a person who is married or 21 years of age or older.
Congress' Power Over Religious Freedom
You may want to see also
Explore related products
Lawful permanent residents must file Form I-130 for their son
Lawful permanent residents (LPRs) or Green Card holders can file Form I-130, Petition for Alien Relative, for their son to immigrate to the United States and apply for a Green Card. This form is used to establish a qualifying relationship between the petitioner and their son, who must be unmarried and under 21 years old, and indicates their willingness to support him financially. The form can be filed online or by mail, and the filing fee is $675, which is non-refundable even if the petition is denied.
If the son is outside the United States, the LPR parent can file Form I-130 on their behalf. Once approved, the petition will be sent for consular processing, and the U.S. Embassy or consulate will provide notification and processing information. The son may then be eligible for the V visa classification if Form I-130 was filed before December 21, 2000, and more than three years have passed since the filing.
If the son is already in the United States and an immigrant visa is available, he may be eligible to apply for a Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status. However, it is important to note that the filing or approval of Form I-130 does not automatically grant any immigration status or benefits, and there are more steps to be completed before obtaining a Green Card.
Additionally, if the LPR parent has a spouse, and the son became a permanent resident within 90 days of the spouse, the son can be included in the spouse's petition. However, if the son became a permanent resident more than 90 days after the spouse, a separate Form I-751 must be filed within 90 days before the expiration date on the conditional resident card.
Who Can Be a Personal Representative After Separation?
You may want to see also
Explore related products
Sons of lawful permanent residents can apply for an F2A or F2B visa
To initiate the process, the lawful permanent resident parent needs to file a Form I-130, Petition for Alien Relative, on behalf of their son. This petition classifies the case as a family second preference case. If the parent becomes a US citizen before the son receives their Green Card, the petition is converted to an immediate relative or family first preference case, and the son's age "freezes" until they obtain citizenship.
Once the petition is approved, the son can proceed with the visa application process. The parent must provide evidence of their current lawful permanent resident status at this stage. The son will also need to undergo a medical examination, and the validity of this exam will determine the visa's validity period.
It is worth noting that if the son is already a permanent resident, but their status was obtained more than 90 days after the parent's spouse, a separate Form I-751 must be filed. This form should be submitted within 90 days before the expiration date on the conditional resident card to avoid termination of status and potential removal from the United States.
State Courts and Federal Laws: Who Rules?
You may want to see also
Explore related products
![Immigration Law Pocket Field Guide 2025 Edition [LATEST EDITION]](https://m.media-amazon.com/images/I/51EuQoWa2OL._AC_UL320_.jpg)
Sons of lawful permanent residents can apply for a K-4 visa
To apply for a K-4 visa, the son of a lawful permanent resident must have an approved Form I-130, Petition for Alien Relative. The lawful permanent resident parent must file this form on their son's behalf with the U.S. Citizenship and Immigration Services (USCIS). Once the Form I-130 is approved, the son can apply for a K-4 visa by filing Form I-129F, Petition for Alien Fiancé(e). The USCIS will then send the approved petition to the National Visa Center (NVC) for processing.
It is important to note that if the son's parent becomes a lawful permanent resident and their Form I-130 is approved before or at the same time as their Form I-129F, the son will no longer need a K-4 visa. Instead, they will need to apply for an immigrant visa and seek admission to the United States as a lawful permanent resident. Additionally, if the son has a K-4 visa and their parent has been married to the U.S. citizen spouse for less than two years when their Form I-485 is approved, they will become a conditional permanent resident. This means that their Green Card will be valid for two years, and they will need to file a Form I-751 to remove the conditions on their residence.
Incorporation: Shielding Your Assets From Lawsuits and Liabilities
You may want to see also
Frequently asked questions
The first step is to submit Form I-130, a visa petition to demonstrate a qualifying relationship.
Once approved, the petition will be sent for consular processing and forwarded to the National Visa Center (NVC) in New Hampshire, which will process the visa application.
If your son is already in the US legally, he may apply to adjust his status to become a permanent resident after a visa number becomes available using Form I-485.
If your son is unmarried and under 21, he falls under the F2A visa category. If he is over 21, he will be in the F2B category, and there is often a longer wait for a permanent resident opening in this category.
