Petition for your child's permanent residence in the United States. Attorney Shair handles IR-2 Immediate Relative petitions, F-2A/F-2B preference cases, and complex CSPA age-out situations.
Child sponsorship allows U.S. citizens and lawful permanent residents to petition for their children's permanent residence in the United States. The applicable visa category — and the speed of the process — depends on two key factors: (1) the petitioner's immigration status (U.S. citizen or LPR), and (2) the child's age and marital status at the time of filing.
Unmarried children under 21 of U.S. citizens qualify as Immediate Relatives (IR-2) — the fastest family-based category with no annual cap. Children of lawful permanent residents petition under preference categories (F-2A for children under 21; F-2B for unmarried adult children) — subject to annual caps and priority date waits. The Child Status Protection Act (CSPA) provides critical protections for children who turn 21 during the petition process.
"For children approaching age 21, time is critical. Attorney Shair performs CSPA calculations immediately and advises on every protective step available to preserve your child's immigration eligibility."
A child 'ages out' when they turn 21 during the immigration process and lose their status as a 'child' under immigration law — potentially moving from an Immediate Relative (IR-2) to a preference category (F-1) with longer waits, or from F-2A to F-2B. The Child Status Protection Act (CSPA) provides a formula to calculate the child's 'CSPA age' — subtracting the time the I-130 petition was pending from the child's actual age. If the CSPA age is under 21 and the child seeks to acquire the visa within 1 year of the priority date becoming available, they may retain child status. Attorney Shair performs CSPA calculations for every case involving children near age 21.
Yes — but the category and wait time differ from U.S. citizens. An LPR may petition for an unmarried child under 21 (F-2A) or an unmarried child age 21 or older (F-2B). Both categories are subject to annual caps and require waiting for a priority date to become current. An LPR cannot petition for a married child — that category is only available to U.S. citizens (F-3). If you become a U.S. citizen while a family preference petition is pending, the petition automatically upgrades to an Immediate Relative classification (if the child is under 21 and unmarried).
A child born out of wedlock may qualify under INA § 101(b)(1)(D) if the parent-child relationship is established. For a U.S. citizen father seeking to petition for a child born out of wedlock, a legal relationship must have been established before the child turned 18 — through legitimation under the laws of the child's residence, or through the father acknowledging paternity and meeting certain conditions. DNA evidence may be required. Attorney Shair handles complex parentage cases and advises on documentation requirements.
If a child turns 21 while the I-130 petition is pending with USCIS, CSPA may protect them — calculating their 'CSPA age' by subtracting the time USCIS took to adjudicate the petition from their actual age. Additionally, if a U.S. citizen parent's petition was filed when the child was under 21, and the child ages out before a visa becomes available, they may be able to 'convert' the petition to an F-1 preference category without losing their priority date under INA § 203(h). Time is critical — contact Attorney Shair immediately when a child is approaching 21.
Child sponsorship cases involve some of the most time-sensitive issues in immigration law — CSPA age calculations, age-out risks, and complex family situations (stepchildren, adopted children, children born out of wedlock). Attorney Shair performs CSPA calculations as a first priority for every case involving a child approaching 21, and advises immediately on protective steps to preserve the child's eligibility. Every day counts.
If your child is approaching age 21, contact Attorney Shair immediately. Every day matters in child sponsorship cases.