CR-2/IR-2 Visa Lawyer (Children’s Green Card)

If the child or stepchild of a U.S. citizen is living abroad, they can obtain a green card and enter the United States through an IR-2 or CR-2 visa. These visas offer a direct pathway to lawful permanent residency and, in many cases, U.S. citizenship.

What Are IR-2 and CR-2 Visas?

The IR-2 and CR-2 visas are designed for the unmarried minor children (under 21 years old) of U.S. citizens. U.S. immigration law does not impose annual caps on these visas, which means that your family will not have to wait until a visa number becomes available.

While both visas achieve the same goal, the one your child receives depends on how and when your parent-child relationship was established.

IR-2 Visa

This immediate relative visa is typically issued to biological and adopted children of U.S. citizens, as well as to stepchildren if the marriage is more than two years old when the child enters the United States. The IR-2 visa grants a standard 10-year green card.

CR-2 Visa

A CR-2 is a conditional resident visa that can be issued to stepchildren of a U.S. citizen if the marriage that created the relationship is less than two years old at the time of the child's admission. It grants a two-year conditional green card. Before this card expires, the family must file Form I-751 to remove the conditions.

Who Is Eligible for a Child Visa?

To qualify for an IR-2 or CR-2 visa, the child must be under 21 years old and unmarried. The U.S. citizen parent must also be willing to financially sponsor the child or to secure a joint sponsor.

Eligibility rules vary based on the nature of the parent-child relationship:

• Biological child of a U.S. citizen mother: Naturally qualifies with proof of the relationship.
• Biological child of a U.S. citizen father born in wedlock: Naturally qualifies with proof of the relationship.
• Biological child of a U.S. citizen father born out of wedlock: Qualifies if the father can prove a bona fide parent-child relationship existed before the child turned 21.
• Stepchild: Qualifies if the marriage between the U.S. citizen and the child's biological parent took place before the child’s 18th birthday.
• Adopted child: Qualifies if the adoption was finalized before the child's 16th birthday and the U.S. citizen parent had legal and physical custody of the child for at least two years.

Orphans who are adopted by U.S. citizens from Hague Convention or non-Hague countries generally use the separate IH-3/IH-4 or IR-3/IR-4 visa categories.

Finally, a lawful permanent resident (green card holder) cannot petition for an IR-2 or CR-2 visa for their child. Children of green card holders fall under the Family Preference visa category (F2A).

The Application Process: Consular Processing vs. Adjustment of Status

The steps to obtain a green card for a child depend on where the child is currently living.

Consular Processing (for Children Outside of the U.S.)

If your child lives abroad, the process goes through a U.S. embassy or consulate:

1. File the petition: The U.S. citizen parent files Form I-130 (Petition for Alien Relative) with USCIS.
2. NVC processing: Once approved, the case moves to the National Visa Center (NVC), where you will submit Form DS-260, civil documents, and the Affidavit of Support.
3. Medical exam and interview: The child completes a medical exam and attends an interview at the local U.S. embassy or consulate.
4. Visa issuance: Upon approval, the child receives their visa in their passport and travels to the United States.

Your child officially becomes a lawful permanent resident upon entry.

Adjustment of Status (for Children Already in the U.S.)

If your child is already inside the United States on a valid nonimmigrant status, they can apply to adjust their status without leaving the country:

1. Concurrent filing: The parent and child file Form I-130 and Form I-485 (Application to Register Permanent Residence or Adjust Status) simultaneously with USCIS.
2. Biometrics and interview: The child attends a biometrics appointment and, if required, an interview with a USCIS officer.
3. Green card issuance: Upon approval, the green card is mailed directly to your U.S. address.

This process will grant your child a green card through the IR-7 or CR-7 category.

Automatic U.S. Citizenship Under the Child Citizenship Act

Under the Child Citizenship Act of 2000, many children who enter the United States on IR-2 visas automatically acquire U.S. citizenship the moment they are admitted as lawful permanent residents.

To qualify for automatic citizenship, the child must:

• Be the biological or adopted child of a U.S. citizen
• Be under 18 years of age
• Be a lawful permanent resident (have an approved green card)
• Reside in the United States in the legal and physical custody of the U.S. citizen parent

The Child Citizenship Act does not apply to stepchildren of U.S. citizens. To be eligible for citizenship, these children must either be formally adopted by their U.S. citizen stepparent before age 16 or wait to naturalize through the standard process after holding their green card for five years.

Broaden Your Child's Opportunities!

Do you need help with an IR-2 child visa? Contact our immigration lawyers today to start the child green card process.

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