Immediate Relative (IR) visas cater to the closest relatives of US citizens to travel and live in the US. The IR-2 visa is used by children of US citizens living outside the US, but the caveat is that little is known about the visa. If you need an IR-2 child visa, you need to understand what the document is and other critical details about the application process to file a successful application the first time round.
This guide explains the IR-2 visa in detail, the application process, eligibility, costs, and even the visa timeline. Afraid to go through the process by yourself? Talk to an immigration lawyer.
IR-2 Child Visa Explained
The IR-2 visa is classified under immediate relative (IR) visas, which are designed for specific family members of US citizens. While an IR-1 visa is for American spouses, the IR-2 visa is for unmarried children of US citizens, who are under 21 years. It allows the foreign-born child living abroad to legally enter and live in the US. Once they obtain the visa, they can access green cards and work in the US without requiring employment authorization documents (EAD).
Eligibility Requirements for IR-2 Visa
Suppose you’re a US citizen and have a child outside the United States who is not a green card holder or a US citizen, then the child may be eligible for an IR-2 visa, as long as they meet the following eligibility requirements:
- You – the sponsoring parent– must be a US citizen
- You must have legal custody of the child living outside the United States for at least two (2) years
- The child must be unmarried and under 21 years
- You must have lived with the child for at least two (2) years before filing your visa application
- In the case of an adopted child, you must finalize the adoption papers before the child turns 16 years
Suppose you adopted the child outside the United States; in that case, they are also eligible for an IR-2 visa. The US embassy or consulate in their home country will issue the visa. Because the adopted child will eventually be brought to the US, they’ll also need an immigration visa.
The IR-2 Visa Application Process
Typically, you’ll have to satisfy two steps when applying for an IR-2 visa, and in each stage, the applicant must fill out and submit specific documents.
Step 1: Determining the Parent/Child Relationship
The first step is to establish the parent/child relationship, and that involves filing Form I-130 (officially known as “Petition for Alien Relative”) with the US Citizenship and Immigration Services (USCIS). You’ll need to meet the following requirements:
- An application fee of $532
- Any document indicating that the sponsoring parent is a US citizen (for example the sponsor’s birth certificate, naturalization certificate, or a valid US passport)
- Any document proving a legal and valid parent/child relationship exists (for instance, a copy of the child’s birth certificate or adoption papers)
After completing Form I-130, it must be mailed to the appropriate USCIS address. You’ll receive a receipt notice from the USCIS in the mail within two weeks.
Step 2: File a Green Card Application (Form DS-260)
Once the USCIS approves your Form I-130, the sponsoring parent is required to file Form DS-260 (Immigration Visa Electronic Application) with the National Visa Center (NVC), operated by the state department. The NVC gathers the necessary forms and documents supporting the application to decide whether the child is ready for an interview.
A complete NVC filing procedure has the following requirements:
- An application fee of $325
- Form DS-260 (green card application filed online)
- Proof of the nationality of the child seeking a green card (for example, a copy of the birth certificate and passport photo page)
- Proof that the sponsoring parent can comfortably sponsor the child seeking a green card, including Form I-864 (Affidavit of Support) and evidence, such as pay stubs and tax returns
Once the application is complete, the NVC will send the application package to the US embassy or consulate in the child’s home country. The consulate or embassy will then organize a medical examination before interviewing them. After a successful interview, the child will receive an IR-2 visa, allowing them to immigrate to the US.
IR-2 Visa Timeline
Once you’ve filed an IR-2 visa application, the processing time takes anywhere from 17-24 months. To avoid delays, it’s critical to ensure you file your paperwork correctly on your first attempt. A lawyer can help you avoid the common mistakes applicants make and ensure all forms and papers are ready for submission to the relevant authorities.
Why Partner With an Immigration Attorney?
Although you don’t necessarily need an immigration lawyer when applying for an IR-2 child visa, you’ll be much relieved when you hire legal services. The application process is daunting, with many forms and documents required in each step of the process. With their knowledge and experience, an immigration attorney can navigate immigration regulations to expedite the process.
A lawyer knows what documents are required, thus you won’t need to research the process or the papers and forms required. Besides, they are always up-to-date with the recent changes in immigration laws and can ensure your application meets all criteria. And even if your visa application is denied, a lawyer can file a petition to challenge the decision.
Frequently Asked Questions (FAQs)
Does the IR-2 visa cater only to adopted children?
No! The IR-2 visa is used for all children of US citizens who live outside the US. Whether adopted or not, the requirements remain the same, although the child must be under 21 years and unmarried.
All my children are 21 years and older. Can I still use an IR-2 visa?
Maybe; in most cases, there’s recourse through the Child Status Protection Act for children that turned 21 whilst waiting for the adjudication of their special case.
I am a green card holder. Can I use an IR-2 visa for my children?
Unfortunately no; the IR-2 visa is only available to US citizens.