How Becoming a U.S. Citizen Can Help Your Foreign-Born Children Immigrate

Because of the change in visa category, a petitioner who naturalizes can often speed up the process of sponsoring sons and daughters of all ages to immigrate from another country.

By , Attorney · Temple University Beasley School of Law

When it comes to U.S. immigration rights, the law treats the foreign-born children of U.S. citizens differently—in most cases, better—than the foreign-born children of U.S. permanent residents. Varying numbers of immigrant visas are available each year, depending on whether you (the "petitioner") are a U.S. citizen or permanent resident and whether your child is a minor (under 21), an unmarried adult (21 or over), or a married adult. (For purposes of this discussion, an immigrant visa is the equivalent of a green card.)

If you are a U.S. permanent resident (green card holder) who wants to bring your foreign-born child to the U.S. to live, this article can help you to navigate this confusing territory. We'll look in particular at whether and how you can speed up the process of sponsoring your child for a visa if you become a U.S. citizen.

Make Sure Your Foreign-Born Child Isn't Already a U.S. Citizen

When researching options to bring your foreign-born children to the U.S., you should first determine whether your child already has "automatic" U.S. citizenship. Because U.S. nationality law has changed frequently over the years, many foreign-born children with U.S. citizen parents or grandparents might be eligible to apply for a U.S. passport and not even know they're already citizens. To learn more, see U.S. Citizenship Through Birth or Through Parents.

Determine Whether You Can Apply for a U.S. Immigrant Visa (Green Card) for Your Child

If your child is not already an "automatic" U.S. citizen, you will need to determine whether you can sponsor your child for an immigrant visa (also called a green card or U.S. lawful permanent residence) and how long you can expect to wait for its approval. Here is a chart detailing the possibilities:

Is a Visa Available for Your Foreign-Born Child?

You are a…

Your foreign-born child is under 21

Your foreign-born child is 21 or over and unmarried

Your foreign-born child is married

U.S. citizen

A visa is available immediately

A visa is available after a wait of several years

A visa is available, with a wait of several years

U.S. permanent resident

A visa is available after a relatively short wait or no wait at all

A visa is available after a wait of several years

No visa is available

As you can see, visa availability and wait times differ greatly depending on whether you, as the child's petitioner or sponsor, are a U.S. citizen or a permanent resident. Keep reading on for more information about your options.

Your Minor Permanent Resident Child Can Derive Citizenship When You Naturalize to U.S. Citizenship

If you and minor children living in your custody are all green card holders already, and you are eligible to "naturalize," you can potentially all become U.S. citizens at the same time. By naturalizing while your children are still under age 18, your children "derive" U.S. citizenship through your application.

If they don't meet the criteria for derivation, your green-card holding children will need to wait until they become adults and are eligible to submit their own applications for U.S. citizenship.

For more on submitting form N-400 Application for Naturalization with USCIS, visit Application Process for U.S. Citizenship Through Naturalization.

Why Minor Children of U.S. Citizens Face Shorter Waits Than Minor Children of U.S. Permanent Residents

Regardless of what visa category your minor (under 21) unmarried child will be in, the process starts the same way: You must name them on Form I-130 (Petition for Alien Relative) and file this with U.S. Citizenship and Immigration Services (USCIS). If you're applying for a foreign spouse, and you're a lawful permanent residence, the children can ride as "derivatives" on the foreign parent's I-130. If you're a U.S. citizen, however, the children are "immediate relatives," and each need their own I-130. (Don't worry about the logic here, there isn't much of it.)

What happens after the I-130 is approved by USCIS, however, can vary. For "immediate relative" children, an immigrant visa or green card will be available with no waiting other than for application processing.

But if you are a U.S. permanent resident, your foreign-born minor children will likely have to wait in line for green cards to become available. They are not considered immediate relatives, but are in category "2A" of the visa preference system. Only a limited number of visas are available in category 2A, and more people typically apply each year than are visas available.

To see which visas USCIS is currently processing, view the U.S. State Department's Visa Bulletin online. Go to the "family-sponsored" section of the bulletin and locate row "F2A." Next, find your child's country column. The date listed there is the priority date for the visa applications that USCIS is working on that month. It's based on the date that USCIS first received your Form I-130. This date is updated once a month. In early 2024, for example, the wait in category F2A was around four years.

Delays in Visas for Unmarried Adult Children of U.S. Citizens and Permanent Residents

Both U.S. citizens and permanent residents can sponsor their unmarried foreign-born adult children (21 years and older) for visas, which will eventually lead to green cards. However, adult children do not qualify as "immediate relatives," but face an annual limit on numbers of visas. This means the wait can be extremely long, even if you, as their petitioner or sponsor, naturalize and become a U.S. citizen.

You would think the visa waitlist for the adult children of U.S. citizens (category F1) would always be shorter than for adult children of permanent residents (category F2B), but that's not actually the case. It depends in part on the child's native country and how many people apply for the available visas in the category.

If you are a permanent resident and your adult child marries while you are waiting for your petition to be processed, your child will no longer be eligible for a U.S. visa based on that petition.

U.S. Permanent Residents Cannot Sponsor Married Adult Children for Visas

The third "family-sponsored" visa preference is for the married children of U.S. citizens (even if they are under age 21). There is no identical sponsorship preference for married children of permanent residents. There are extremely limited available married-children visas for U.S. citizen sponsors and none available for the married children of permanent residents. On the Visa Bulletin, the row marked "F3" is for married children of U.S. citizens.

If you are a permanent resident seeking a U.S. green card for your married child, you will either need to naturalize to U.S. citizenship first or your married child will need to find another route to permanent residence (such as an employer-sponsored visa or "winning" one in the diversity visa lottery).

Naturalizing (Becoming a Citizen) Can Speed Up the Process of Children Obtaining U.S. Residence

If you are a U.S. permanent resident who is eligible to naturalize, doing so might be a good option in order to shorten your child's wait for a green card (or to bring a married child to the United States). But check how the waits in the child's new category will compare to waits in the old one before making this decision, and talk to an immigration attorney if you're uncertain. If you've had your green card for five years (or qualify for an exception allowing you to apply early), you might be eligible to file an N-400 application for citizenship.

What If You Hope to Become a U.S. Citizen, But Already Filed an I-130 Petition for Your Child?

You do not need to wait to become a U.S. citizen to file an I-130 petition for a child (or spouse). If you file one while you're a green card holder, then become a U.S. citizen before your child's priority date becomes current, you can advise USCIS and obtain a new preference category (and in some categories, priority date) at that time.

Ninety days before the fifth anniversary of your permanent residence, you may file your N-400 requesting U.S. citizenship. (For guidance on this, visit Filling Out USCIS Form N-400; and see the USCIS Early Filing Calculator for help figuring out the exact date.)

If, after you've successfully become a U.S. citizen, you are still waiting for your child's visa to be processed, contact the National Visa Center to advise them that you have naturalized. If petitioning for a minor child, state that the child is no longer subject to the yearly cap.

If you are petitioning for your unmarried adult child, you can request a change in the child's preference category, from F2B to F1. Be ready to provide a copy of your I-130 receipt notice (Form I-797C, Notice of Action) and a copy of your naturalization certificate.

Before you do this, however, check the dates in the Visa Bulletin to make sure the "upgrade" to a higher preference category will actually be beneficial. Depending upon the movement in monthly cutoff dates, sometimes it's better to keep the same preference category. If it's better to stay in the F2B category, contact USCIS requesting an "opt out," so that the preference category remains F2B.

Getting Legal Help

An experienced attorney can assist with the task of figuring out the fastest way for your child to immigrate to the United States with you as the petitioner and help prepare the paperwork and keep the case on track.

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