Helping Unmarried Children Under the Age of 21 Legally Immigrate to the United States
Suppose you and your spouse have a minor child born abroad, and you long to bring your family to the United States. In that case, you need the assistance of a compassionate and knowledgeable legal team to guide you through the complexity of the United States immigration process. Moving your family to a new country is a big decision, and you want to be sure that every part of the process goes as smoothly as possible so you and your family can focus on the vital work of building your new life and not be burdened by unnecessary stress.
That’s where we can help. At Gilliam Law, we treat our clients like family and want you to feel like your needs are a priority. Call us today for a free case consult at 866-511-3422.
What is an I-R2 Visa?
An I-R2 visa is also known as an immediate relative visa. It is for minors (under age 21) and unmarried children of U.S. citizens. There are specific procedures and requirements for the application process for an I-R2 visa. You should be aware when applying that while the process can be completed online, you must seek the guidance of competent and compassionate legal professionals to assess your immigration case before filing your application. Visa applications are costly investments, and the fees are non-refundable if denied. You want to be sure that every base is covered the first time.
Sometimes referred to as the children’s green card, the I-R2 visa allows children under the age of 21 to take up lawful permanent residency in the United States as green card holders. For those wondering, the ‘IR’ in the name refers to immediate relatives, highlighting the government’s intention for family reunification through immigration.
Once the child arrives in the country, they will be granted all the benefits of being a lawful permanent resident, including the right to live, work, and study in the United States.
At Gilliam Law, our team will be on your side from day one. We’re available to answer all your questions and concerns.
What Are the U.S. Citizenship and Immigration Services Eligibility Criteria for I-R2 Visas?
To qualify for an IR-2 visa, both the United States citizen parents and their foreign national children must meet certain strict eligibility criteria.
The children must be foreign nationals under 21 and unmarried at the time of their visa applications.
The parents sponsoring the child for the IR2 visa must be United States citizens.
The sponsor must have legal custody of the child for at least two years while living abroad. In this case, legal custody relates to having any legal authority over the child’s welfare, studying, religious beliefs, and more. A court or other recognized process typically grants legal custody.
The sponsor and the child must have lived together for at least two years before applying for the visa.
For adopted children, the adoption must have been completed before the foreign child turned 16 years old. Also, the child must have been in the legal or physical custody of the adoptive parents for at least two years before the visa application.
For stepchildren, the unmarried foreign child must have been at least 18 years old when their birth parent married a United States citizen stepparent.
If you have an unmarried child under the age of 21 years and they are a legal resident of a foreign country, it may be necessary to go through the proper legal procedures to ensure that they may become a green card holder in the United States. An experienced immigration attorney can help you and your family members unite and overcome even the most complicated immigration issues. To learn more about the benefits of becoming lawful permanent residents of the United States, please contact our law firm for a free case review.
What is the Immigration Process for Applying?
The process of applying for an immigrant visa can be frustrating. It involves a lot of waiting after the initial forms are filed. This can often be the most challenging part for families. It is hard to be patient when your life is on hold. At Gilliam Law, we understand the stress this process places on you and strive to make it as simple as possible.
While every family is unique, some steps stay the same for every type of immigrant visa. These are the mandatory steps for every application:
- You must first file the petition, known as form I-130. The US citizen parent must complete all relevant sections and submit them to USCIS for approval. There is a filing fee to process the petition. Approval can take several months. Once approved, you will be issued a case number and invoice number that will be sent in an informational package with instructions for continuing your application process
- As soon as you receive your approval from USCIS and have your National Visa Center (NVC) number, you must file a DS-260 form. This is the visa application form itself. Since the subject is a minor child, they can have someone help them with the application. You will need the NVC number assigned to your case, which links the approved petition and all supporting documentation to your file. As with other aspects, having your trusted legal team assist you with this process makes sense to be sure no stone is left unturned
- Next, your child must fulfill all the medical check-ups and vaccine requirements for immigrants into the United States. The documents the NVC sent you upon approval of your petition will specify which vaccines and medical procedures are needed. It will also contain a list of physicians who can complete the exams in your area. You must include the signed documentation with the file you submit to the NVC
- After the medical exam, you must gather all required documentation. You will need: A valid passport, a signed Affidavit of Support from the US petitioner, Form DS-260 confirmation page, The signed documentation of your child’s medical exam and vaccine records, Two photographs meeting the US visa photograph requirements, Any court or criminal records from any country you have lived in for more than six months since the age of 16, military records, if applicable
The final requirement for all immigrants wishing to obtain a visa is to attend a visa interview. Since I-R2 applicants are minor children, they may be accompanied by an adult caretaker. Contrary to what the media would have people believe, the point of these interviews is not to trick people. They will not be cruel to your child. They will ask questions about who the child is, why they are traveling to the United States, and their relationship with you and their family members.
Once the child’s visa is approved, they can travel freely to the United States. The visa will be stamped on their passport, and the embassy will give them a package the child must bring, unopened, when they first enter the country. Only the U.S. immigrant officials at the point of entry should open this package. Our lawyers can help you with questions during any part of this journey.
What Are the Required Forms?
The required forms and documents for a successful I-R2 visa application include the following:
- A valid passport of the child with a validity of at least six months from the planned date of entry into the United States
- Form DS-260 confirmation page
- Completed and signed form I-864, an affidavit of support
- Reports of medical assessments for the child
- Two recent photographs of the child, done according to U.S. visa standards
- Criminal certificate, if applicable
- Military records, if applicable
What Are the Associated Fees?
Applying for a visa can be costly, so you must ensure you have everything you need and budget appropriately.
The current fees are:
- Form I-130 $535
- Form D-260 $325
- Fees for medical exams and vaccines: Varies
- USCIS immigrant fee that must be paid after approval for processing and documents: $220
All fees listed are current when writing but subject to change as USCIS updates its policies.
Do I-R2 Visa Holders Have a Pathway to Obtaining United States Citizenship?
If your unmarried child enters the United States before they turn 18, they will automatically receive United States citizenship if they decide to remain within the country with you and have a valid green card.
However, if the child enters the United States after turning 18, they will become legal permanent residents. They can adjust their immigration status and become United States citizens through naturalization after living in the country for two to three years.
Our compassionate immigration legal team is dedicated to helping clients overcome legal matters in pursuit of their immigration goals. Our law firm represents a number of immigration cases, including I-R2 cases, and helping green card holders on the pathway to citizenship. To learn more about our Immigration Services and how we may assist you through this complex process, please contact our law firm to schedule your free initial consultation with our legal staff today.
Can Green Card Holders Apply for I-R2 Visas?
Unfortunately, no.
The I-R2 visa is only available to unmarried children of U.S. citizens. Green card holders cannot apply for I-R2 visas for their unmarried foreign children.
If you have unmarried children living in a foreign country, you are not without hope. Legal permanent residents can obtain United States citizenship through naturalization. After being naturalized, they can then proceed with the I-R2 visa application process for their children.
Do You Need the Legal Counsel of a Chicago I-R2 Visa Lawyer?
Being separated from your child brings stress and pressure that no parent should ever face. Waiting is most often the most challenging part of the immigration process. At Gilliam Law, we understand the stress this places on your family, and we aim to take some of that pressure off your shoulders.
We are solely focused on processing your visa application in a timely manner, helping you through the complex legal procedures surrounding the visa process, and dedicated to meeting the unique needs of you and your family members.
Every immigration journey is unique; the American dream means something different to every client. We will attempt to bring our knowledgeable legal service to you and every family member involved in your case to help you reach a satisfactory outcome to the proceedings. Those who opt to go without legal representation often find it more difficult to resolve complicated legal issues, and their immigration cases tend to take longer to resolve.
We will act on your behalf to help fill out the forms, act as your legal representatives, communicate updates to you throughout the process, and do everything with your approval and understanding.
We’re here for you every step of the way. Call us today for a Free Case Consult. 866-511-3422.
Schedule a Free Case Evaluation with Our Chicago Immigration Law Firm Today
At Gilliam Law, our legal team is dedicated to providing respectful and knowledgeable legal services to clients in need. If you have a child living in a foreign land, you understandably want to be reunited with them. We will do everything in our power to help you through the legal process so you can be reunited with your family members in the United States.
To learn more about how we may assist you during this difficult scenario, please contact our Chicago law office to schedule your free case evaluation today.
You can reach our legal team at 866-511-3422.