Can my US citizen son or daughter sponsor me?

This page is about a U.S. citizen son or daughter filing for a parent. It is general information, not legal advice. For other relatives, see How a family member can help you get a green card.

Can my child file for me?

Yes, if your son or daughter is a U.S. citizen and at least 21 years old. Federal law calls you an "immediate relative." That matters a lot:

• No line. Most family cases wait years for a visa number. Parents of adult citizens do not. Once the petition is approved, a visa is available right away. The only wait is processing time.
• Some past problems are forgiven. If you were admitted or paroled, then overstayed or worked without a permit, immediate relatives can still apply here in many cases.

If your child is under 21, they cannot file yet. Use the time to gather papers and get a screening.

A green card holder child cannot file for a parent. Your child must be a citizen first.

We know many parents have waited years for this birthday. It is real hope. Take the first step carefully, because the wrong move can cost years.

What does my child have to file?

Your child is the petitioner. You are the beneficiary. The first step proves the family tie.

1. Form I-130. Your child files it with USCIS. The fee is $675 on paper. Filing online costs $50 less. Your child can file online from a USCIS account.
2. Proof your child is a citizen. A copy of a U.S. birth certificate, U.S. passport, or certificate of naturalization or citizenship.
3. Proof you are the parent. USCIS lists what to send (Bringing Parents to Live in the United States):
   • Mother: your child's birth certificate showing your name and your child's name.
   • Father: your child's birth certificate with both parents' names, plus your civil marriage certificate.
   • Father, child born to parents who were not married: the birth certificate, plus proof the child was legitimated before age 18, or, if not, proof of a real emotional or financial bond between you and your child before the child turned 21 or married, whichever came first.
   • Stepparent: your child's birth certificate, plus the marriage certificate showing you married the child's parent before the child turned 18, and papers ending any earlier marriages.
   • Adoptive parent: a certified adoption certificate showing the adoption happened before the child turned 16, plus a statement of when and where you lived together.
   • Add proof of any legal name change.

One petition per parent. The USCIS page treats each parent as a separate I-130. Your spouse is not added to your case. Your other children, your child's brothers and sisters, cannot be included on the same petition either. If your child wants to help both parents, they file two petitions. After you get your green card, you can file for some relatives yourself.

If your child became a citizen by naturalizing, USCIS now checks whether a citizen petitioner lawfully got citizenship whenever they file a petition (USCIS Policy Alert PA-2026-13). If your child has any worry about their own citizenship application, they should see a lawyer before filing. See Can my US citizenship be taken away?

Can I get my green card without leaving?

Maybe, if you were "inspected and admitted or paroled." To get a green card inside the United States, a person generally must have come in through a port of entry and been let in by an officer, or been paroled. This is called adjustment of status.

You likely meet this rule if:

• You came with a visa (tourist, student, work) and stayed after it ran out.
• You came in with parole, for example a parole program or humanitarian parole.

For parents of adult citizens, an overstay or work without a permit does not by itself block adjustment. That is the special help immediate relatives get.

How it works:

1. Your child files the I-130. You can file your I-485 in the same package. This is called concurrent filing, and it is allowed for immediate relatives.
2. You may also ask for a work permit while you wait. The work permit fee is $260 when it is filed with a pending I-485 that was filed with a fee. A travel permit (advance parole) costs $630. Do not travel before you talk with your lawyer.
3. You go to a USCIS office for fingerprints and a photo.
4. You get a medical exam from a doctor USCIS has approved, called a civil surgeon.
5. Your child signs a promise of support, Form I-864 (see below).
6. You may be called to an interview. Bring your originals.

The I-485 fee is $1,440.

What if I entered without papers?

This is where most parents get stuck. If you crossed the border without being inspected, you generally cannot adjust inside the U.S., even with a citizen child. There are a few exceptions. The biggest one is section 245(i): it can help people who had a family or job petition, or a labor certification, filed for them on or before April 30, 2001. Bring any old immigration papers you have, even ones filed by a relative long ago.

Without an exception, the green card must be finished at a U.S. consulate in your home country. That means leaving. And leaving can set off a bar:

• If you were here unlawfully for more than 180 days but less than one year after age 18 and then leave, you may be barred for 3 years.
• If you were here unlawfully for one year or more after age 18 and then leave, you may be barred for 10 years.
• Time before you turned 18 does not count.

There is a waiver for these bars. It is called the I-601A provisional waiver when filed before you leave. But the waiver needs extreme hardship to a U.S. citizen or green card holder spouse or parent. A son or daughter does not count as the person who would suffer the hardship for this waiver. If your only citizen relative is your child, you may have no waiver for the 10 year bar. That is the trap. Please read this twice.

Some parents have other paths that do not depend on how they entered, like a U visa for crime victims or VAWA for parents abused by a citizen son or daughter. A screening can check. See Ways undocumented people may get a green card.

What can stop the case?

Tell your lawyer about each of these, even if it feels small or long ago.

• Coming back in without papers after a long stay or a deportation. If you were here unlawfully for more than one year in total, or were ever ordered deported, and then came back or tried to come back without inspection, the bar has no end date. The only exception is asking permission after living 10 years outside the U.S.
• A past deportation order. Even without a new entry, you may need permission to reapply (Form I-212, fee $1,175).
• Fraud or a false claim to be a citizen. Using false papers or saying you were a U.S. citizen to get a job or enter can bar you. The fraud waiver needs hardship to a citizen or green card holder spouse or parent, not a child.
• Criminal records. Some can block a green card. Get the court records first. See Can I still get a green card or relief if I have a record?
• Public charge. Officers look at your age, health, money, skills and the promise of support. A new rule took effect September 18, 2026. See Will using benefits like CalFresh hurt my case?
• Travel bans. Since January 1, 2026, a presidential proclamation suspends immigrant visas for nationals of certain countries, and it removed the old exception for parents of citizens. If you are from a listed country and must process abroad, ask a lawyer first. See Travel bans and family visas.

What does my child promise by signing the affidavit of support?

Your child signs Form I-864, a legal promise to support you. There is no USCIS fee for this form.

• Your child must be at least 18 and live in the U.S.
• Their income must be at least 125% of the federal poverty line for their household size, counting you.
• If their income is too low, another person can sign as a joint sponsor.
• The promise is an enforceable contract. It is serious. Your child should read it before signing.

See What a sponsor promises when signing an affidavit of support.

What if I must finish my case abroad?

If you live outside the U.S., or a lawyer says leaving is safe for you, the case moves to the State Department after USCIS approves the I-130. You pay the immigrant visa fee ($325), your child pays the affidavit review fee ($120), you send your application and civil documents, see a doctor from the consulate's list, and go to an interview. After the visa is issued, you pay the USCIS immigrant fee ($235). See What to expect when your green card interview is abroad.

How long does it take?

There is no visa line for you, only processing time, which changes by month and office. Check the USCIS processing times tool for Forms I-130 and I-485 at your office. See What to do when your USCIS case is taking too long.

How much does it cost?

USCIS and State Department fees (checked October 19, 2026):

The doctor's exam and any lawyer cost extra. Never pay a government fee to a person by phone or text. And never use a notario: in California, a consultant cannot give legal advice. See Warning signs of an immigration scam.

Questions people ask

My child is 20. Can they file now? No. They must be 21. The petition can be filed on or after their 21st birthday.

My child is a green card holder. Can they help? Not for a parent. Once they become a citizen and are 21, they can file.

Can my child file even if they do not earn much? Yes. A joint sponsor can sign a second affidavit of support.

Will filing put me on ICE's radar? Filing tells the government who you are and where you live. If your case is denied and you have no status, USCIS policy says it may start a deportation case. That is why a screening comes first.

Who can help?

You don't have to figure this out alone. These are free or low cost nonprofits and public offices. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Community Legal Services in East Palo Alto (CLSEPA): (650) 326-6440, walk in Monday to Friday, 9 a.m. to 1 p.m., 1861 Bay Road. For low income residents of San Mateo and Santa Clara counties.
• Immigration Institute of the Bay Area, Redwood City: (650) 587-1558, by appointment. First consultation free.
• San Mateo County Immigrant Services: (650) 363-4194, immigrantservices@smcgov.org
• Catholic Charities of Santa Clara County: (408) 468-0100
• SIREN: (408) 453-3003, free phone consultations by appointment
• Asian Law Alliance: (408) 287-9710
• Anywhere in California: the state's map of free immigration legal services, or (916) 651-8017.

Only a lawyer or a DOJ accredited representative may give you legal advice. Check a lawyer on the State Bar site or at 1-800-843-9053. See Free legal help in the Bay Area and What to bring to your first meeting with an immigration lawyer.

Is there a checklist I can print?

A careful start now can save years later.