Who Can Petition for Whom: Relatives U.S. Citizens and Permanent Residents May Sponsor and the Age-21 Threshold

01

Relatives for Whom U.S. Citizens May Petition

U.S. citizens may petition for spouses and unmarried children under 21 (immediate relatives); to petition for a parent, the citizen must be at least 21 years old. Citizens may also petition for unmarried sons and daughters age 21 or older (F1) and married sons and daughters (F3); to petition for siblings (F4), the citizen must likewise be at least 21 years old.

The I-130 instructions also state that, when a citizen petitions for an immediate relative, the parent category requires that the “petitioner be at least 21 years old.”

02

Relatives for Whom Permanent Residents May Petition

Permanent residents may petition for spouses and unmarried children under 21 (F2A), and unmarried sons and daughters age 21 or older (F2B). Permanent residents cannot petition for parents, siblings, or married sons and daughters; only citizens may petition for these relatives.

03

The Meaning of “Child” Under Immigration Law

Under immigration law, a “child” must be unmarried and under 21, and must meet one of the relationship definitions in 8 U.S.C. 1101(b)(1): a child born in wedlock, a stepchild, a legitimated child, a child born out of wedlock, or a qualifying adopted child. Those over 21 or married are legally termed a “son or daughter” and fall within preference categories such as F1, F2B, and F3.

For the specific requirements for each relationship (such as the requirement that the marriage creating the stepparent relationship occur before the child turns 18), see the article “Stepchildren, Legitimation, and Children Born Out of Wedlock.”

04

A Separate Petition for Each Relative; Derivative Rules Vary by Category

Except for those who may qualify as derivative beneficiaries, each relative needs a separate I-130. In the preference categories (F1–F4), the principal beneficiary’s spouse and unmarried children under 21 may accompany the principal as derivatives; the immediate relative (IR) category has no derivatives, so spouses or children must each qualify independently and have separate petitions filed for them.