Family Visa Sub IR-2 Lawyers

What is IR-2?

IR-2 is an immigrant visa for unmarried children of US citizens under the age of 21. IR-2 allows the foreign-national children of US citizens to live in the US with their US citizen parents (only one parent is required to be a US citizen), allowing them to obtain Green Cards in the US, and study or work in the US without the need for an Employment Authorization Document. Just like IR-1, IR-2 Visa is not subject to the restrain of F-2 schedule, and the applicants can immediately file for an application and obtain the Green Card. The IR-2 applicant is also protected by the Child Status Protection Act (CSPA), which means that if the children reach 21 years of age after the Green Card application has been submitted and is pending, your children would not be seen as ageing-out and ineligible for Green Card; under the protection of CSPA, your children’s Green Card application will be processed as below 21 years of age.

If your children are currently in the US, you can simultaneously submit Form I-130 (Petition for Alien Relative) and I-485 (Application to Register Permanent Residence or Adjust Status) to apply for adjustment of status in the US. If your children are abroad, you need to first submit Form I-130 to the USCIS, and checkmark the ‘adjust status overseas’ option; the USCIS will notify the consulate of your children’s home country when processing your application. After I-130 has been approved, your children can then apply for IR-1 at their local consulate to come to the US to reunify with you.