If you're a U.S. citizen or permanent resident with a son over 21, you may be wondering how—and if—you can help him get a green card. The short answer is: yes, it’s possible. But the longer answer depends on your immigration status, your son's marital status, and a few other key factors.
In this guide, we’ll break down the green card process for sons and daughters over 21. You’ll learn who qualifies, what forms to file, and how long it might take. Whether your child is married, unmarried, in the U.S., or living abroad, we’ll walk you through what to expect and how to get started.
Green Card Eligibility for a Son Over 21
Before filing anything, it's important to understand whether you're eligible to petition for your son. U.S. immigration law allows both citizens and lawful permanent residents (green card holders) to sponsor children, but the rules differ depending on your status and your child's situation.
If you're a U.S. citizen, you can petition for:
- An unmarried son over 21 (this falls under the family preference category F1)
- A married son over 21 (this falls under category F3)
If you're a permanent resident, your options are more limited. You can only petition for an unmarried son over 21, which places your child in the F2B category.
One key takeaway here is that marital status matters. If your son gets married while you're still a permanent resident, your petition becomes invalid. In that case, you'd need to become a U.S. citizen before you can help him immigrate again.
So, when thinking about how to get a green card for a son over 21, your status—and your son’s marital status—are the first big pieces of the puzzle.
Filing Form I-130 (Petition for Alien Relative)
Once you've confirmed eligibility, the first official step in the green card process is filing Form I-130, Petition for Alien Relative. This form proves your qualifying relationship to U.S. Citizenship and Immigration Services (USCIS).
What You’ll Need to File:
- A completed and signed Form I-130.
- Evidence of your U.S. citizenship or permanent resident status (e.g., naturalization certificate, U.S. passport, or green card).
- Proof of the parent-child relationship (e.g., your child’s birth certificate listing you as the parent).
- Filing fee (check USCIS.gov for current fees).
You can submit Form I-130 either online or via mail, depending on your circumstances. Once submitted, USCIS will issue a receipt notice and assign a priority date. That date is crucial, as it determines your son’s place in line for a visa number based on the family preference category.
Common Mistakes to Avoid:
- Filing under the wrong category based on your son’s marital status or your own immigration status.
- Omitting required documents or providing inconsistent information.
- Failing to notify USCIS of address changes or updates to marital status.
Form I-130 is just the beginning, but it sets the tone for the entire green card process. Errors or omissions can cause long delays, so attention to detail is essential. At Tingen Law, we regularly assist families with preparing and submitting Form I-130 accurately and completely, avoiding common pitfalls.
Why You Can’t File the Green Card Application Right Away
After filing Form I-130, many parents hope to immediately apply for the green card itself (Form I-485 or DS-260). However, in most cases involving a son over 21, there’s a mandatory waiting period because of visa availability rules.
Visa Bulletin and Family Preference Categories
Unlike immediate relatives, such as spouses or minor children of U.S. citizens, a son over 21 is placed in a family preference category—either F1, F2B, or F3. These categories are subject to annual limits, and demand far outweighs supply. That’s why processing times are longer.
Each month, the U.S. Department of State publishes a Visa Bulletin that shows which priority dates are eligible to move forward. The date that USCIS receives your I-130 is your son’s priority date. He must wait until this date becomes current before applying for a green card.
Immediate Relatives vs. Preference Categories
Understanding the difference between immediate relatives and preference category beneficiaries is essential. Immediate relatives don’t face delays due to visa limits. Sons over 21, however, are not considered immediate relatives. Instead, they fall into preference categories with limited annual visa allocations.
If you’re unsure about your son’s category or wait time, an attorney can help you interpret the Visa Bulletin and track priority dates as they move along with your case. This helps you stay prepared and avoid missing important windows for action.
Tracking Priority Dates
Once your Form I-130 is accepted, USCIS assigns a priority date. This is your son’s spot in line for a green card. That date remains fixed and determines when you can take the next step.
You or your attorney will need to check the Visa Bulletin monthly to see if your date is current. If it is, you may proceed with filing the green card application. If your son is in the U.S. legally, you’ll file Form I-485 for adjustment of status. If he’s abroad, you’ll begin consular processing with Form DS-260.
Monitoring priority dates is one of the most important parts of the green card process for a son over 21. At Tingen Law, we provide clients with regular updates and personalized strategies to ensure they don’t miss any key milestones in their case.
Two Green Card Paths: Adjusting Status vs. Consular Processing
There are two main options for your son to apply for his green card once his priority date becomes current: adjustment of status and consular processing. The right path depends on his location and immigration history at the time he becomes eligible to apply.
Adjustment of Status (Inside the U.S.)
If your son is already in the United States and has maintained lawful status, he may be eligible to adjust status without leaving the country. This is done by filing Form I-485. Adjustment of status allows applicants to stay in the U.S. while the application is pending and potentially receive work and travel authorization.
This option can be simpler in terms of logistics, but eligibility depends on several factors, including whether your son has ever overstayed a visa or violated immigration rules. It’s important to review these details carefully. Tingen Law provides detailed case assessments to confirm eligibility and assist with Form I-485 and all accompanying paperwork.
Consular Processing (Outside the U.S.)
If your son is living abroad, or if he is in the U.S. but not eligible to adjust status, consular processing is the route to take. This involves completing Form DS-260 online, submitting civil documents to the National Visa Center, attending a medical exam, and going to an interview at a U.S. embassy or consulate.
Once approved, your son will receive an immigrant visa, allowing him to enter the U.S. as a lawful permanent resident. While the process is handled overseas, having the support of an experienced immigration attorney can prevent delays and avoidable mistakes.
Tingen Law helps families with both adjustment of status and consular processing cases. Our team ensures that each form is completed accurately, required documents are properly submitted, and interview preparation is thorough—regardless of where your son is applying from.
After the Interview: What to Expect
Once your son completes the green card interview—whether at a USCIS office in the U.S. or a U.S. consulate abroad—the final steps of the process will depend on how the interview goes and what the officer decides. In many cases, a decision is made shortly after the interview, but in some situations, further review may be necessary.
If approved, your son will either receive his green card by mail (if adjusting status in the U.S.) or an immigrant visa in his passport (if applying through consular processing). If he received an immigrant visa, he must enter the U.S. within the validity period to officially become a permanent resident. Upon arrival, he’ll be mailed his green card.
Sometimes, the officer may request additional documents after the interview through a Request for Evidence (RFE) or notify the applicant that the case is under administrative processing. While this can be frustrating, it is not unusual. These situations often require prompt responses and clear communication.
Tingen Law supports clients through post-interview issues, including responding to RFEs, handling delays, or submitting final paperwork. Our legal team ensures that nothing is overlooked in the last stage of the green card process for a son over 21 and that your family stays informed until the green card is in hand.
FAQs and Common Situations
- What happens if my son gets married while I’m still a green card holder?
If your son gets married before you become a U.S. citizen, your petition will no longer be valid under the F2B category. You would need to naturalize and file a new petition under the F3 category for married sons of U.S. citizens.
- Can my son come to the U.S. while waiting for his green card?
While the green card process is pending, your son may try to apply for a temporary visa (like a tourist or student visa). However, these are nonimmigrant visas and may be denied if consular officers suspect immigrant intent. We recommend discussing this with an immigration attorney before applying.
- How long does the entire green card process for a son over 21 take?
Processing times vary greatly by category and country of origin. It may take several years before a visa number becomes available, followed by a few additional months for the final application and interview. Tingen Law regularly monitors Visa Bulletin changes and advises clients on estimated timelines.
- Can my son include his spouse and children?
Yes, if your son is applying in the F3 category (married sons and daughters of U.S. citizens), his spouse and unmarried children under 21 may be included as derivative beneficiaries on his green card application.
Conclusion
Getting a green card for a son over 21 is a complex but achievable process. From determining eligibility and filing Form I-130 to tracking your priority date and preparing for the final interview, every step matters. Tingen Law is proud to help families navigate this journey with confidence. If you need personalized support to file a petition or address delays, reach out to our immigration team today.