Child Visas: Securing Legal Residency for Children Through Family & Humanitarian Immigration

Helping Children Obtain U.S. Immigration Benefits Through Family Sponsorship & Protection Programs

Children of U.S. citizens and lawful permanent residents may qualify for family-based visas that provide a pathway to lawful permanent residency. Additionally, children in vulnerable situations—such as those who have been abandoned, abused, or neglected—may qualify for Special Immigrant Juvenile Status (SIJS), a humanitarian immigration program designed to protect at-risk minors.

At Benach Pitney Reilly Immigration,  we assist families in navigating both family-based child visa options and SIJS protection, ensuring that children receive the immigration benefits they deserve.

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Who is Eligible for a Child Visa?

The eligibility criteria depend on whether the child is applying through a family-based petition or a special humanitarian program like SIJS.

Family-Based Child Visas (For U.S. Citizens & Green Card Holders)

U.S. citizens and lawful permanent residents can petition for their children under the following categories:

  • IR-2 Visa – For unmarried children (under 21) of U.S. citizens.
  • F2A Visa – For unmarried children (under 21) of green card holders (subject to visa availability).
  • F2B Visa – For unmarried adult children (21 or older) of green card holders (longer wait times apply).
  • Adopted Children – Eligible under Hague Convention or Orphan Adoption processes.

 

Special Immigrant Juvenile Status (SIJS) – Protection for Vulnerable Children

Some children who have been abandoned, abused, or neglected by one or both parents may qualify for Special Immigrant Juvenile Status (SIJS), which allows them to obtain lawful permanent residency in the U.S.

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Pathways for Children to Obtain Lawful Status

Family-Based Child Visa Process

The process differs depending on the spouse’s immigration status and the child’s location.

Step 1: Filing the I-130 Petition for Alien Relative

  • Establishes the legitimacy of the relationship between the parent and child.
  • Requires proof of the family relationship (birth certificates, adoption papers, etc.).

Step 2: Adjustment of Status or Consular Processing

  • If child is in the U.S.: File Form I-485 (Adjustment of Status) for children already in the country.
  • If child is abroad: Proceed with Consular Processing at a U.S. embassy or consulate.

Step 3: Interview and Approval

  • USCIS or the U.S. consulate will conduct an interview to verify eligibility and confirm the family relationship.
  • Once approved, the child becomes a lawful permanent resident.

 

Special Immigrant Juvenile Status (SIJS) Process

Children who cannot reunite with one or both parents due to abuse, neglect, or abandonment may qualify for SIJS. This process is different from family sponsorship and involves state court proceedings before applying for immigration relief.

Step 1: Obtain a State Court Order

  • The child must first obtain a juvenile court order stating that they have been abandoned, neglected, or abused and that it is not in their best interest to return to their home country.

Step 2: File Form I-360 (Petition for SIJS)

  • Once the court order is obtained, the child (or legal representative) can file Form I-360 with USCIS.
  • SIJS approval provides protection from deportation and allows the child to apply for permanent residency.

Step 3: Apply for a Green Card (If Eligible)

  • Once SIJS is approved, the child may apply for a green card (lawful permanent residency) through Form I-485.
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Common Challenges in Child Visa & SIJS Cases

  • Visa Backlogs for Green Card Holders’ Children – Processing times vary for F2A & F2B visas, leading to long wait times.
  • Adoption & Legal Guardianship Issues – Adopted children must meet Hague Convention requirements or follow orphan visa procedures.
  • SIJS Eligibility Complexity – SIJS applicants must first go through state court proceedings, requiring legal support.
  • Visa Number Availability for SIJS – Some SIJS applicants may face delays due to annual green card limits for the program.
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How can Benach Pitney Reilly Immigration Help?

Whether your child needs a family-sponsored visa or protection under Special Immigrant Juvenile Status, our team provides:

  • Expert guidance in preparing family-based I-130 petitions & SIJS applications.
  • Legal representation in juvenile or family court for SIJS cases.
  • Support for consular processing & green card interviews.
  • Strategies to address visa backlogs & age-out risks.

Why Partner with Benach Pitney Reilly Immigration?

  • Personalized Strategy: Each case receives a tailored approach based on specific circumstances.
  • Proven Track Record: Success in uniting families through immigration solutions.
  • Clear Communication: Regular updates and transparency throughout the legal process.
  • Dedicated Advocacy: Persistent efforts to achieve favorable case outcomes.
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See What Our Clients Say About Us!

""I am beyond grateful for the incredible support I received from my immigration lawyer, Ava Benach, and her amazing team. From the very start, they treated me with kindness, patience, and understanding, making a complex and overwhelming process feel manageable. Despite the challenges of my case, Ava made the impossible possible. She is not only an exceptional attorney but also a compassionate and generous human being who genuinely cares about her clients. Her dedication, expertise, and unwavering support were invaluable to me. I also want to extend my deepest gratitude to Ava’s wonderful colleagues, Ashley and Erica, who were incredibly helpful, meticulous, and always punctual. Their attention to detail and commitment made all the difference, and I truly appreciate their hard work. The level of service I received was worth far more than the fees we paid. Ava’s knowledge and professionalism are unmatched, and I trusted her completely every step of the way. If you need an immigration lawyer who will fight for you while treating you with respect and care, I wholeheartedly recommend Ava Benach and her team. Thank you, Ava, Ashley, Erica, and the entire team, for everything you have done for me!"" - Abdullah K.
""For those of you who need immigration assistance from a kind human soul and an expert lawyer, you don’t need to look further than Ava Benach. I have known Ava since around 2013, and throughout the years, she has been more than just my lawyer—she has been a trusted advocate, a source of strength, and a guiding light during uncertain times. From the very first moment I spoke with her, I felt an immediate sense of trust and reassurance. She listens with genuine care, treats every case with the utmost dedication, and makes sure her clients fully understand their options. Ava’s expertise in immigration law is unmatched. She has an incredible ability to break down even the most complex legal matters, ensuring her clients feel informed and empowered. She is not just a brilliant attorney—she is also a compassionate human being who truly cares about the people she represents. Beyond her legal work, Ava’s dedication to helping others extends to her writing and advocacy. Her blog on naturalized citizenship and denaturalization is just one example of how she takes the time to educate and support not only her clients but also the wider immigrant community. She goes above and beyond to make sure people have the knowledge and resources they need to navigate their journey with confidence. I cannot fully express how grateful I am to have had Ava by my side. She is an exceptional attorney who fights tirelessly for justice while treating her clients with kindness, respect, and unwavering support. If you need an immigration lawyer who is not only highly skilled but also deeply compassionate, Ava Benach is the one to call. Thank you, Ava, for everything you have done for me and for so many others. You are truly making a difference in the world, and I am forever grateful."" - Genet A.
""I am incredibly grateful to Benach Pitney Reilly Immigration for their outstanding support and expertise throughout my immigration case. From the very first consultation, I felt welcomed and assured that I was in good hands. The team was not only knowledgeable but also genuinely caring, taking the time to answer all my questions and explain the process in detail. Ava and Sarah were especially helpful, and they guided me every step of the way, providing clear communication and keeping me updated on progress. Their hard work and dedication made a significant difference in experience. I highly recommend Benach Pitney Reilly Immigration to anyone in need of immigration assistance. They are truly a team of professionals who care about their clients and fight for their success. Thank you once again, Benach Pitney Reilly Immigration !"" - Raymond A.
""I cannot express enough gratitude to Benach Pitney Reilly Immigration. Thanks to your professionalism, dedication, and deep knowledge of immigration law, I now have my green card. From day one, your team demonstrated a genuine commitment to my case, providing not only expert advice but also compassionate support that made all the difference in this important process for me. I wholeheartedly recommend Benach Pitney Reilly Immigration to anyone looking for a reliable, professional and efficient team for immigration matters and thank you. miss sarah pitney for helping me in this long process that gave everything so that i was in the best way thank you for everything"" - Carlos M.
""I cannot express enough gratitude to Benach Collopy LLP. Thanks to their professionalism, dedication, and deep knowledge of immigration law, I now have my green card. From day one, their team demonstrated genuine commitment to my case, providing not only expert advice but also compassionate support that made all the difference in this important process for me. I wholeheartedly recommend Benach Collopy LLP to anyone seeking a reliable, professional, and efficient team for immigration matters. Thank you for changing my life!"" - Alessia O.
""Ava is an immigration powerhouse! Her expertise and commitment to her clients are unmatched. While other lawyers were at a loss, Ava took charge and confidently navigated our case with precision. From day one, she knew exactly what needed to be done and executed it flawlessly. Thanks to Ava’s relentless dedication, we have our green card! She went above and beyond, and we are beyond grateful for her exceptional work. If you need an immigration expert, Ava is the one you want on your side."" - Fede P.
""My Immigration Journey: From Uncertainty to Triumph! I embarked on my immigration journey 5-6 years ago, navigating uncharted waters with little understanding of the complex process. I faced numerous challenges, changed lawyers, and sought answers, but to no avail. That was until I found Benach Pitney Reilly Immigration. Through diligent research, I discovered the right team and was fortunate to have Dree as my initial consultation attorney. She was knowledgeable, empathetic, and provided invaluable guidance, setting the tone for a successful partnership. As my case progressed, I had the pleasure of working with David, who took the reins and expertly navigated me through the remaining process. David, you are a beacon of hope, guidance, and humility. Your selflessness, compassion, and willingness to help are traits that make you an outstanding attorney and an inspiration to many. Under the exceptional guidance of Dree and David, my immigration process transformed from a daunting task to a manageable and successful journey. The entire team's professionalism, empathy, and commitment to excellence are unparalleled. To anyone seeking immigration guidance, I highly recommend Benach Pitney Reilly Immigration. Sofia , David, and the team are the epitome of excellence, and I'm honored to have had the privilege of working with them. Thank you, David and Sofia for being shining examples of what it means to serve with humility and kindness."" - Shoukat A.