Helping Families Pursue Children’s Green Card Benefits

United States immigration law allows for U.S. citizen parents to seek permanent resident status (green card status) for their foreign-born children. In order for the children to become green card holders, they must first meet a set list of strict requirements. Provided the children and their sponsor meet those requirements, they must go through a complex visa application process. Though complicated, the rewards for successfully navigating the U.S. immigration system are plentiful, as it means that the child can then enjoy the many benefits of being a legal permanent resident of the USA.

At all stages during the visa application process, it is highly recommended that you retain the legal counsel of experienced immigration attorneys. One wrong step could result in your application being denied, pushing back the child’s legal permanent residency status. Don’t risk such a thing happening. Having a knowledgeable attorney in your corner can help ensure that your visa application is in proper shape, potentially streamlining the process as you seek the most optimal outcome for you and your family.

The law offices of Elizabeth Rosario Law, PLC. have years of experience representing clients across the country who are seeking better lives for themselves and their family members. To discuss your case in more detail, please contact our legal team to schedule your initial consultation.

What Are Immediate Relative and Family Preference Immigrant Visas?

Family-based immigration is available through several different types of relative immigrant visas. There are two primary categories of relative visas: immediate relative immigrant visas and family preference immigrant visas.

Immediate relative visas have first priority over family preference immigrant visas.

Immediate relative family member visas include:

• IR1 Visa: The spouse of a U.S. citizen.
• IR2 Visa: The unmarried children (under age 21) of a U.S. citizen parent.
• IR3: Orphan children adopted in a foreign nation by a U.S. citizen.
• IR4: Orphan children adopted in the U.S. by one of its citizens.
• IR5: The parent of a U.S. citizen who is at least 21 years of age.

Family preference immigrant visas include the following:

• First Preference (F1): Unmarried adult children (at least 21 years old) of a U.S. citizen.
• Second Preference (F2A and F2B): Spouses and unmarried children (under age 21) of green card holders. Also, unmarried sons and daughters (over age 21) of green card holders.
• Third Preference (F3): Married sons and daughters of U.S. citizens.
• Fourth Preference (F4): The siblings of U.S. citizens aged at least 21 years old.

To apply for a relative visa and hopefully receive a permanent resident card for your alien relatives, please consult with experienced family immigration attorneys.

What is an IR2 Visa?

Are you a U.S. citizen? Does your child live outside of the U.S.? The I-R2 visa, also commonly referred to as the Children’s Green Card, allows the children of U.S. citizens to legally enter the USA to live, go to school, and one day find employment.

The I-R2 visa is one of the many immediate relative immigrant visas, meaning that there is no government-enforced annual cap on how many such visas are allocated in any given year. That said, there are strict requirements that must be met in order for an applicant to be considered eligible and successfully apply for a green card.

Who is Eligible for an I-R2 Visa?

There are several key criteria that must be met in order for a child to be eligible for an IR2 visa. First and foremost, the young one must be the child of a U.S. citizen parent. If the parent does not have U.S. citizenship, then the child’s legal residence in the country must be granted by some means other than the IR2 visa.

Additional requirements for a children’s green card include the following:

• Must be an unmarried child.
• The child applicant must be under the age of 21. One exception to the age threshold is if the child is protected by the Child Status Protection Act (CSPA).
• The child of the U.S. citizen parent must be living in a foreign country at the time of the visa application. The IR2 visa is only for a child abroad.

Again, the sponsor must be a U.S. citizen and must have had legal custody of the child for at least two years before seeking the children’s green card.

The child’s genetic makeup will be considered. However, if the child is not the natural-born son or daughter of a U.S. citizen, they are not automatically disqualified from eligibility for the IR2 visa.

An eligible child may be the natural-born child of married parents (at least one of the parents must have U.S. citizenship). Stepchildren may also be considered for eligibility, provided the child was under the age of 18 at the time of their parent’s marriage. An adopted child may also be considered for eligibility for an IR2 visa. Adopted children must have been under 18 years old at the time of their adoption and have lived in the United States of America with their adoptive parents for at least two years. Additionally, their adoption must become permanent before their 16th birthday. Parents who choose to adopt must be U.S. citizens, be willing to adopt unmarried children from another country and live with the adopted children for two years before filing for a child’s green card.

Can Green Card Holders Apply for the IR2 Visa for Their Children?

Unfortunately no, parents who are green card holders cannot hope to apply for an I-R2 for their children. The I-R2 visa is only available to U.S. citizen parents and their children.

What is the Difference Between CR2 and IR2 Visas?

The primary difference between the two is that an IR2 visa grants a permanent resident card without conditions, whereas a CR2 visa comes with certain conditions attached.

A CR2 visa applies to families with step-children where the family relationship between stepchildren and stepparents is less than two years old. If approved, a CR2 visa grants conditional permanent residence to the stepchild, which expires within two years. The stepchild or their representative must file within 90 days of the expiration date to have the conditions of permanent resident status removed.

What is the I-R2 Visa Process?

In the first step of the process, the U.S. citizen parent sponsor completes the IR2 visa application and submits it to the United States Citizenship and Immigration Services (USCIS). Once received, the Department of Homeland Security (DHS) will review the application.

If the visa application is approved, all the relevant information and documents will then be sent to the National Visa Center (NVC).

The child will be asked to undergo a thorough medical examination. If they have not gotten the necessary vaccinations, they will receive them at this time.

Information related to the sponsor and the applicant’s background will also be reviewed. This will include examining their history for criminal records, prior marriages, and other children.

All necessary documents — including a birth certificate and a valid passport — will be gathered for submission. Then, the child will undergo an immigrant visa petition interview at their local U.S. consulate or embassy. After the interview, the applicants must wait for the immigration offices to make their decision.

If approved, the child abroad will be allowed to travel to the USA to live with their citizen parents.

How Long Does it Typically Take for an IR-2 Visa Application to Be Approved or Denied?

Processing times will vary wildly depending on the information relevant to each unique case. However, most IR2 visas are processed within a year’s time, and some take only a few months.

Contact Our Law Firm to Discuss Your Case with an Experienced I-R2 Visa Lawyer

Obtaining permanent resident status for your child is a crucial act that any family living in America should consider pursuing. However, this pursuit is not a simple one, and many would benefit from the help and oversight of legal professionals as they seek green cards for their foreign-born children.

The law firm of Elizabeth Rosario Law, PLC. has extensive experience helping clients such as yourself achieve their dreams in the complicated immigration system. With our help, we’ll ensure that you have all the required documents, that everyone meets the basic criteria, and that all petitions are filed according to the government’s wishes. With our help, you have a much better chance of seeing your immigrant visa petition approved sooner.

You do not have to face these challenges alone. Help is available and just a call away. To schedule an in-depth case evaluation with our legal team, please call us at616-530-0101.