How Can Citizens Bring a Foreign Child To Live in the United States?

For eligibility purposes, a “child” is anyone under 21 who is unmarried. You also may petition on behalf of your unmarried sons and daughters over 21 and married sons and daughters of any age. Unmarried children must fall below the age threshold of 21 years of age. Their children may also be included.

This article explains the process for U.S. citizens bringing a foreign child to live in America. If you are a lawful permanent resident (green card holder), see Bringing a Child to Live in the US: Info for Permanent Residents.

Immigration and intercountry adoption processes are complex, and delays are common. Fortunately, legal help is available. An immigration attorney’s expertise can keep a child’s path to the United States on track.

Documentation Requirements

Below are the documents required for applying for visas related to bringing a child to the United States. You must fill out and submit them to U.S. Citizenship and Immigration Services (USCIS) and the United States Department of State. U.S. Consulates and U.S. Embassies abroad in your home country can help you navigate these processes. They can provide consular processing services for the documents listed below.

Under U.S. immigration law, you must apply using any one of the forms listed below. If you are already in the United States, the National Visa Center (NVC) can assist with this process as well.

1. Petition for Alien Relative

This is also known as (Form I-130). Remember to sign the form and enclose the proper filing fee.

2. Evidence of U.S. Citizenship

Submit a copy of one of the following documents:

• U.S. birth certificate
• U.S. passport
• Consular Report of Birth Abroad
• Naturalization certificate
• Certificate of citizenship

3. Proof of Name Change (if applicable)

Submit a copy of one of the following documents:

• Marriage certificate
• Divorce decree
• Court judgment of name change
• Adoption decree or some other proof if your name or your child’s name has changed

4. Proof of Relationship

Additional documentation requirements vary by relationship type:

Biological Mother:

• Copy of child’s birth certificate
• For adopted children, there may be additional requirements

Biological Father:

• Copy of the child’s birth certificate
• Copy of the father’s marriage certificate establishing marriage to the child’s biological mother
• If no longer married to the child’s biological mother, evidence of legal termination of a marriage
• Evidence of an established parent-child relationship before the child turns 21 years of age (or marries)

Stepparent:

• Copy of the stepchild’s birth certificate
• Copy of the civil marriage certificate to the stepchild’s biological mother or father
• Proof of legal termination of all previous marriages for both the stepparent and the biological parent, such as a divorce decree or death certificate

Adoptive Parent:

• Copy of child’s original birth certificate
• Copy of adoption decree
• Evidence that the adoptive parent had two years of legal custody
• Evidence that the adoptive parent had two years of physical custody (i.e., time in which the child lived with the adoptive parent and the adoptive parent exercised parental control)

Filing on Behalf of a Relative Living in the U.S.

U.S. citizens petitioning on behalf of a child living in the U.S. must file a Petition for Alien Relative (Form I-130). Your child files an Application to Register Permanent Residence of Adjust Status (Form I-485).

For children living in the U.S. who are married or over the age of 21, U.S. citizens must file Form I-130. Your child files Form I-485 as soon as a visa becomes available. This document is necessary for an appropriate adjustment of status, as is the case with every other variety of document listed within this article.

Filing on Behalf of a Relative Living Outside the U.S.

U.S. citizens filing on behalf of a child or adult child must file Form I-130. After the petition is approved and an immigrant visa is available, the petition will be sent to the consulate or embassy for further processing.

Processing and Wait Times

The visa process can be unexpectedly slow. Processing times have increased since the return to Title 8 processing in May 2023. Delays are common. But working with an immigration attorney can help you avoid mistakes and avoid unnecessary snags.

If you already have a relative in the United States, you may be prioritized in the visa application process. You may be given a priority date. In this case, you may not need to be as concerned about wait times.

If you have immediate family members, you do not need to worry about restrictions on visa availability. The U.S. does not place a cap on the number of visas available under such circumstances. For immigration purposes, having an immediate relative in the United States who is already a citizen can be very beneficial. It can help with any visa petition process, given the absence of a cap on the number of available visas each year and the higher likelihood of being given priority.

This type of family-based set of circumstances applies to bringing a child into the United States. It also applies to other visa application circumstances, regardless of visa type.

Need Help Bringing a Child to the U.S.? A Lawyer Can Help

Immigration laws are complicated, and mistakes can be costly and time-consuming. If you are navigating an international adoption, the paperwork, eligibility rules, and shifting wait times can add to the overwhelm. Mistakes in these processes can lead to delays or even jeopardize a long-awaited family reunion.

An immigration lawyer can help streamline the process and prepare the right documentation. Working with a local attorney can give you confidence and clarity as you move through each step of the process of bringing a child to the U.S.

FindLaw’s directory of immigration attorneys can get you started. Enter your city or ZIP code for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including ratings, languages spoken, and whether they offer free consultations.