Immigrating with Your Children: What to Know

Any parent would dread to leave their children for a long time. And if a father or a mother would leave for another country, it would be very difficult to leave their children in their home country alone and without the assurance that the little ones would be taken care of.

The United States has provisions that allow immigrating parents to bring their children to become permanent residents as well.

What are the Eligibility Requirements for Children?

A “child” is defined as an unmarried person who is under 21 years old. A “son” or “daughter” is defined as a married person or anyone who is 21 years old or older. If a parent is a US citizen, they can petition for children and unmarried sons and daughters which may include their own children as well. They can also petition for their married sons and daughters of any age.

For permanent resident or Green Card holders, they may petition for their children or those who are unmarried and under the age of 21 and unmarried sons and daughters. Likewise, their children may be included in the petition as well.

What is the Required Documentation?

As parents who want to immigrate with children, they should have evidence for their US citizenship. These may include a copy of the following

  • US birth certificate
  • Unexpired US passport
  • Consular Report of Birth Abroad
  • Naturalization certificate
  • Certificate of citizenship

Permanent residents should also have the ability to demonstrate their status with the presentation of a copy of their Green Card or a copy of their foreign passport that bears the stamp that shows temporary evidence of permanent residence.

There are also considerations to make for certain situations. If the parent is the genetic mother or non-genetic legal gestational mother, they should also submit their children’s birth certificates that’s issued by civil authorities.

If the applicant is the genetic father, they should submit a copy of their marriage certificate to the child’s genetic or legal gestational mother. There are also other provisions if the parents are separated or never married at all. This is where an immigration lawyer can be of great help.

Ruby Powers Law

We specialize in immigration law and can guide you through the many avenues of the US Immigration System. We are easy to reach and are always available to provide you with expert and professional assistance in reuniting with your family in the country.

Who is Considered a “Child” in the Immigration Process?

Children are qualified according to the following descriptions:

  • A child born during wedlock
  • A genetic child born out of wedlock
    • No legitimation is required if the mother is the one petitioning
    • If the father is petitioning, they have to prove the child’s legitimacy under the laws

There are also other provisions provided by the United States Immigration Services. These are described in detail on their website.


For more information, contact our Houston immigration lawyers today.

Immigration with children is possible and can be done in the right manner to help unite families in the US.

If you want to know more about legal services for immigration, you can find relevant information at