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.

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.

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.

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.

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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