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This visa is an immigrant visa that allows a child of a U.S. citizen to immigrate to the United States as a lawful permanent resident. Under this visa, a child is able to live, receive an education, and work in the United States.
Depending on the age and circumstances of the child, he or she may be able to receive U.S. citizenship upon issuance of this visa.
Who Qualifies for an IR2 Visa?
In order to qualify for this visa, the child and his or her sponsor must meet the following criteria.
Requirements for Child
In order for a child to be eligible for this visa, he or she must:
- Be unmarried;
- Be under the age of 21;
- Have been living with the sponsor for at least two years outside the United States.
Requirements for Sponsor
In order for a sponsor to be eligible to petition for this visa on behalf of a child, he or she must:
- Be a U.S. citizen;
- Sponsor has had legal custody of the child for at least two years;
- Have finalized adoption for the child before their 16th birthday, in cases of adoption;
- Have lived with the child for two years before applying for the IR-2 visa (except in cases of adoption).
Examples of Eligible Children
Children in the following circumstances are deemed eligible for this visa:
- Adopted children who are under the age of 18 at the time of their adoption and who have lived with their adopted U.S. citizen parent for at least two years;
- Children who are naturally born to unmarried parents and at least one parent is a U.S. citizen;
- U.S. citizen fathers must undergo a blood test to prove paternity when unmarried to the child’s mother.
- Children who are naturally born to married parents and at least one parent is a U.S. citizen;
- Stepchildren who were under the age of 18 at the time of their parent’s marriage.
What is the Process for Obtaining an IR2 Visa?
Unlike other visas, this visa is not subject to any caps on the number of Green Cards issued per year. Thus, the process to receive an IR2 visa is generally less lengthy than for other Green Card applicants.
Individuals who are applying for this visa from outside the United States must use the Consular Processing steps outlined below, while applicants who are already in the United States must use the Adjustment of Status steps outlined below.
Consular Processing
Consular processing is available for applicants who are currently living outside of the United States. Under consular processing, applicants must follow the steps outlined below:
Step One: File an Immigrant Visa Petition
In order to begin the process for consular processing, the applicant’s U.S. citizen parent will need to submit the applicant’s immigration petition Form I-130, Petition for Alien Relative to the United States Citizenship and Immigration Services (USCIS).
Step Two: File Form DS-260, Immigrant Visa Electronic Application
After filing an immigrant visa petition, the visa applicant must file Form DS-260, Immigrant Visa Electronic Application by providing information regarding the applicant’s background, biographical information, and reason for immigrating to the United States. Included with Form DS-260, the child’s sponsor must prove their eligibility for this visa, including that the sponsor and child have lived together continuously for two years outside the United States.
When DS-260 is submitted, documentation must be included to prove the relationship between the sponsor and the child, as well as identifying information for both the sponsor and the child. The documents required to be submitted include:
- A passport for the immigrating child that is valid for more than 6 months after their planned entry into the United States;
- A signed Form I-864, Affidavit of Support from the child’s parent/sponsor;
- Form DS-260 confirmation page;
- Proof of medical examination and vaccinations;
- Two photographs that conform to visa photo requirements.
Step Three: Attend Medical Examination and Receive Vaccines
In order to be eligible to enter the United States, this visa applicant must receive a medical examination and all required vaccines. After attending a medical examination and receiving required vaccines from an authorized physician, this visa applicant must present documentation signed by the physician that proves the applicant went through a medical exam and received the required vaccines.
Step Four: Attend an Interview at the Consulate or Embassy
After an applicant’s immigrant visa petition and electronic application are submitted, he or she will need to attend an interview at the U.S. Embassy or Consulate nearest to them where a U.S. official will ask questions relevant to the individual’s desire to live in the United States permanently. The consulate officer conducting the interview will likely inquire into the applicant’s relationship with the U.S. citizen and assess the legitimacy of the relationship.
Step Five: After Immigrant Visa is Granted
Once an applicant’s visa petition is approved and an immigrant visa is granted, he or she will receive a sealed Visa Packet that must be brought to a United States port of entry when the individual seeks entry into the United States, and must not be opened prior to arrival at the port of entry. The Visa Packet may be given to the applicant at the interview with a U.S. consulate officer. So long as the individual has paid all USCIS fees, the individual’s Green Card should arrive by mail to the individual’s United States address within 45 days of arrival in the United States.
Adjusting Status
Individuals already living in the United States can seek to change their status as a child of a United States citizen. Parents may adjust their status by following the steps below:
Step One: File an Immigrant Visa Petition and Change of Status Petition
Much like consular processing, an applicant seeking to change his or her status must have their U.S. citizen parent submit immigration petition Form I-130, Petition for Alien Relative to the USCIS in order to stay permanently in the United States.
Unlike consular processing, Form I-485, Application to Register Permanent Residence or Adjust Status must also be filed after the immigrant visa petition is approved or at the same time as the immigrant visa petition. Only immediate relatives of U.S. citizens, including children, are permitted to submit Form I-485 at the same time as the immigration petition.
Step Two: Submit Supporting and Identifying Documentation
When submitting Form I-130 and Form I-485 to adjust status, the child must submit other supporting identifying documentation, including:
- Two passport-style photographs that conform to Department of State photo requirements;
- Copy of the Form I-797, Approval or Receipt Notice (for the Form I-130 petition filed on the applicant’s behalf)
- Note: Form I-797 does not need to be filed if Form I-130 and Form I-485 is filed together
- Copy of applicant’s birth certificate;
- Copy of parents’ valid marriage certificate;
- Copy of parents’ valid divorce from any prior marriages;
- Documentation evidencing the parents’ marriage’s legitimacy;
- Copy of applicant’s passport page with non-immigrant visa;
- Copy of applicant’s passport page with admission or parole stamp issued by a U.S. immigration officer;
- Copy of government-issued ID with applicant’s photograph;
- Copy of Form I-94, Arrival/Departure Record or copy of the U.S. Customs and Border Protection (CBP) admission or parole stamp on the travel document
Step Three: Attend an Application Support Center Appointment
After Form I-485 is filed, an applicant will have to attend an appointment to provide fingerprints, a photograph, a signature, and an acknowledgment that the applicant has provided true and accurate information. The applicant will receive a notice in the mail informing him or her of the appointment time, date, and location.
Step Four: Attend an Interview
Similar to consular processing, some applicants may have to attend an interview prior to receiving approval of their change of status application. However, an interview is not required for all applicants. Thus, an individual will receive a notice of the interview time, date, and location if one is necessary.
Step Five: After Change of Status is Granted
After an applicant’s change of status is approved, he or she will first receive a notice of approval. The applicant’s Green Card document will be sent soon thereafter.
Age Requirements and Aging Out Policies for IR2 Visa
The IR2 visa is a type of immigrant visa granted to the unmarried child of a U.S. citizen under the age of 21. The visa allows the child to enter and live in the United States permanently. Here are the key age requirements and aging out policies for IR2 visas:
Age Requirements
- Unmarried and Under 21: The child must be unmarried and under the age of 21 to be eligible for an IR2 visa. This means that if the child turns 21 during the processing period, they will no longer be eligible for the visa.
- No Exception for Marriage: Unlike CR2 visas, IR2 visas do not allow for exceptions for married children. If the child marries, they will no longer be eligible for the IR2 visa.
Aging Out
- IR2 Visa Protection: The Child Status Protection Act (CSPA) provides protection for IR2 visa applicants from aging out. CSPA calculates the applicant’s age based on the time the qualifying petition was pending, ensuring that the applicant remains eligible for the visa even if they turn 21 during the processing period.
- Tolling: The CSPA also allows for tolling, which subtracts the time an application was pending from the applicant’s age, ensuring that the applicant remains eligible for the visa even if they turn 21 during the processing period.
Recent Changes
- USCIS Changes: Effective February 14, 2023, USCIS changed the aging out policy for IR2 visa applicants. Under the new policy, individuals applying for a Green Card who have reached age 21 may still be eligible for an adjustment of status if their parent is a U.S. citizen or lawful permanent resident, they concurrently applied for adjustment of status and were under the age of 21 when the application was submitted.
Key Points to Consider
- Timing is Critical: The timing of the application is crucial for IR2 visa applicants. If the child turns 21 during the processing period, they will no longer be eligible for the visa.
- CSPA Protection: The CSPA provides protection for IR2 visa applicants from aging out. This means that even if the child turns 21 during the processing period, they will still be eligible for the visa.
- USCIS Changes: The recent changes to the aging out policy by USCIS provide more flexibility for IR2 visa applicants. However, it is essential to understand the new policy and its implications for your specific situation.
FAQs
How Long is this visa Process?
Generally, the process for obtaining an IR2 visa can take as long as one year but may be completed in as soon as three months, depending on the circumstances of the particular applicant and sponsor.
When is this visa Issued for Adoption?
IR2 visa is issued in cases of adoption if the child was formally adopted before his or her 16th birthday, or the child’s 18th birthday if the sibling exception applies. Additionally, the sponsor or his or her spouse must have had legal custody of the child and resided with the child for at least two years prior to applying for this visa.
Can IR2 Visa Holders Become U.S. Citizens?
Yes. Children who hold an IR2 visa automatically become U.S. citizens after admission to the United States if they are under the age of 18 and reside in the United States with their parents. Children who are over the age of 18 become permanent residents and receive a Green Card, instead of becoming U.S. citizens.
If a child does not automatically qualify for U.S. citizenship they may pursue citizenship through the naturalization process. Upon admission to the United States using an IR2 visa, the child will receive a Permanent Resident Card (Green Card) in the mail. The child may then apply for a Certificate of Citizenship by filing Form N-600, Application for Certification of Citizenship online, and paying the application fee.
Can IR2 Visa Holders Work in the United States?
Yes. Because this visa is a green card, these visa holders may work while living in the United States without first receiving an Employment Authorization Document (EAD).
What is the Cost of applying for this visa?
- The cost to file Form I-130, Petition for Alien Relative is $535.
- The cost of the Biometrics Services Appointment is $85.
- The processing fee for the Form DS-260 is $325.
- The processing fee for the Affidavit of Support is $120.
- Medical examination and vaccination fees vary.
- The USCIS Immigrant Fee is $220.00, which must be paid prior to entering the United States.
Can Green Card Holders Use this visa for their Children?
No. this visa is only available to the children of U.S. citizens. The children of green card holders are not eligible for this visa.
How is this visa Different From the CR2 Visa?
IR2 visa and the CR2 visa are substantially similar but have one major difference between them. this visa is granted to the children of a U.S. citizen when the U.S. citizen and his or her spouse have been married for at least two years. The CR2 visa is granted to the children of a U.S. citizen as a “conditional” visa when the U.S. citizen and his or her spouse have been married for fewer than two years at the time the visa is issued.
Conclusion:
The IR2 visa offers children of U.S. citizens a clear path to permanent residency and potentially U.S. citizenship. This visa provides opportunities for education, work, and a stable future in the U.S. If you need assistance with your IR2 visa application, contact us here.
Disclaimer: If any pricing information provided here is for reference only and may fluctuate due to changes in government policy, economic conditions, or other factors. For the most accurate and current USCIS fees, please refer to the relevant government websites or official resources. The attorney fees mentioned are approximate and will depend on the facts and circumstances of each individual case. Fees and costs are subject to change and should not be considered final.
