What Are the Age Requirements for an IR2 Child Visa?

03 May 2018

Sam asks: “What are the age limits for an IR2 Visa?”

There’s no age limit to petition for a child. However, there are vastly different waiting times. Basically, if the child is under 18, they’re going to get here pretty quick, less than a year, maybe closer to nine months. However, if the child is an adult, then it can vary. It can go 10 years or longer depending on the country because there is a limit. This is a quota visa. There’s a quota set for each country around the world and the countries that send a lot of immigrants here like Philippines and Mexico have very long waiting list.

The other caveat to know is that the government does not consider a person a stepchild unless the marriage took place before the child was 18. You can’t petition a stepchild if the marriage that created that stepchild happened after the child is 18. For example, you marry a lady and she has a child who’s 20, you can’t petition that child because legally they’re not a stepchild because the marriage took place after that child turned 18. So, the bottom line is there’s no age limit, but the length of time can vary dramatically based on the situation and the country.

If you are a U.S. citizen, you may file Form I-130 for:

A. Your unmarried children under 21 years of age;
B. Your unmarried sons or daughters 21 years of age or older;
C. Your married sons or daughters of any age;

You may NOT file Form I-130 for a person stepchild, if the marriage that created the relationship took place after the child turned 18 years of age

If you are a lawful permanent resident of the United States, You may file Form I-130 for:
A. Your unmarried child under 21 years of age; and
B. Your unmarried son or daughter 21 years of age or older.

Disclaimer: The contents of this post were accurate to the best of our knowledge at the time of publishing. Immigration is constantly changing, and old information often becomes outdated, including procedures, timelines, prices, and more. Take note of the publish date. For archival purposes, these posts will remain published, even if new information renders them obsolete. Do not make important life decisions based on this content. No part of this post should be considered legal advice, as RapidVisa is not a law firm. This content is provided free of charge for informational purposes only. If anything herein conflicts with an official government website, the official government website shall prevail.

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