Understanding What is an IR-2 Visa

Are you a US Citizen seeking to apply for a U.S. Green Card for your Children? Then an IR-2 U.S. visa is what you will need. The IR-2 visa also known as the Children’s U.S. Green Card is an immediate relative family-based visa. This means that there is no annual cap or restrictions to visas issued, in contrast to other visas, for example, Family Preference Immigrant Visas. If an applicant meets the requirements and conditions of a visa, then they are able to obtain an IR-2 visa.

Within this visa category, the unmarried child (who is under 21 years old) can pursue their education while living in the U.S. with their parents. Beneficiaries of an IR-2 will also benefit from getting a lawful permanent resident status which grants authorization to reside and work in the U.S.

Additionally, if a child is under 18 years of age, travels into the U.S. with an IR-2 and lives with their parents, they have the opportunity to get U.S. citizenship status. Those who are above the age of 18 but under 21 years of age when they get their IR-2 Visa will automatically receive an LPR status. As soon as they are eligible for U.S. citizenship they can file for U.S. citizenship.

Who Qualifies for an IR-2 Visa

People desiring to apply for an IR-2 must be the child of a U.S. citizen, unmarried, under 21 years old and living in a foreign country. A child is eligible for an IR-2 visa if they meet the following criteria:

  • A natural-born child to married parents (at minimum one of the parents must be a U.S. citizen)
  • A Natural born child to unmarried parents (if the father is the U.S. sponsor then he must do a paternity test to demonstrate he is the biological father)
  • A step-child who was under the age of 18 years old at the time of adoption and has lived with their adoptive parent for at least 2 years

Application Process for Children’s U.S. Green Card

The Children’s Green Card is a family-based visa and consequently follows the same application process as other family-based green card applications. Initially, the U.S. sponsor will file a petition with the United States and Immigration Services (USCIS) on behalf of their child. If approved, the visa application process can start. Before starting the application process consult with an immigration attorney and he or she will guide you through each step.

What Takes Place During the Petitioning Phase

As is the case with all family-based green card applications, the visa application process starts with the petitioning stage. In this stage, the U.S. citizen must complete a petition on behalf of the family member they desire to sponsor. To do this, the U.S. sponsor must complete an I-130, Petition for Alien Relative and file it with USCIS along with application fees & supporting documentation.

Such a petition is then sent to the Department of Homeland Security (DHS) where it is usually processed within a few months. If a petition is denied, a denial letter will then be sent out stating the reason for the denial. If a USCIS officer approves the petition an approval notice will be issued to the applicant and a copy will be sent to the National Visa Center (NVC).

The NVC then will send out a packet of information with instructions on how to proceed with the next steps of the visa application process. Contact an immigration expert for guidance when applying for an immigration application for your children.

How Can An Immigration Law Office Help You

An immigration attorney will be able to correctly complete the required application forms, organize all the necessary documents & fees associated with the IR2 application. Call Gambacorta Law Office today at 847 443 9303 for an appointment.