CR2/IR2 Visa (Children’s Green Card)

For U.S. Citizens with Children and Minors Under 21 Years Old

Under U.S. immigration law, children of a U.S. citizen are eligible for permanent resident status, also referred to as having a green card. For your children to get a green card, they must either get an immigrant visa (IR2 or CR2) from abroad and enter the U.S. or go through the adjustment of status process in the U.S. (IR7 or CR7).

We understand the precious parent-child relationship and will work hard to bring your family together. Contact us to learn about the child green card process and how you can work with one of our immigration lawyers.

Chicago Trusted IR2 Visa Attorneys

The United States immigration process can be complex, especially for people who are unfamiliar with the administrative legal system. The process often takes well over a year through various steps and, in the case of visa processing, multiple agencies.

When you work with an experienced immigration lawyer, like the ones at SimVisa, you benefit from the lawyer’s deep knowledge of the U.S. visa and immigration process and familiarity with the procedures. We have helped many families in Chicago and across the nation bring their minor children safely and legally to the United States or to adjust status inside the United States.

What Is the IR2 Visa?

Minor children under 21 years old may apply for an IR2 visa, to become a permanent resident and get a children’s green card, if their mother or father is a U.S. citizen (regardless of being a U.S. citizen by birth, acquisition, or naturalization). This immigrant visa permits children to move to the U.S. to live with their parents, continue their education, and enjoy other benefits of residing in the country.

An IR2 visa is a family-based immigrant visa, and because this relationship is part of what U.S. immigration categorizes as immediate family, there are no limits on how many visas may be issued to children of U.S. citizens — unlike with other visas, such as the Family Preference Immigrant Visas.

IR2 visa holders receive permanent resident status upon entering the U.S. with the visa and may seek employment in the U.S. without an Employment Authorization Document (EAD) because they are permanent residents. Certain IR2 visa holders may even acquire citizenship by operation of law upon being admitted into the U.S. as a permanent resident.

What Is the Difference Between IR2 and CR2 Visas?

AA CR2 visa applies to step-children of U.S. citizen petitioners where the marriage creating the step-parent and step-child relationship is less than two years old. It permits the foreign-born child to receive conditional permanent residence and a conditional resident card which expires in two years. A conditional permanent resident must file to remove the conditions on permanent residence in the 90-day period prior to the expiration of the 2-year green card.

In contrast, when IR2 visa holders enter the U.S. with the IR2 immigrant visa, such children become permanent residents of the U.S. without condition.

What Is the Difference Between IR2 and CR2 Visas?

A CR2 visa applies to step-children of U.S. citizen petitioners where the marriage creating the step-parent and step-child relationship is less than two years old. It permits the foreign-born child to receive conditional permanent residence and a conditional resident card which expires in two years. A conditional permanent resident must file to remove the conditions on permanent residence in the 90-day period prior to the expiration of the 2-year green card.

In contrast, when IR2 visa holders enter the U.S. with the IR2 immigrant visa, such children become permanent residents of the U.S. without condition.

Who Is Eligible for a Child Green Card via an IR2/CR2 Visa or IR7/CR7 Adjustment of Status?

Both the child applying and their petitioner must meet certain criteria; if one of the stipulations for either is not met, the visa may be denied.

1. Requirements for the child applicant are:

• Must be under the age of 21
• Must not be married
• Must not be inadmissible according to US immigration laws and regulations

1. Requirements for the petitioner parent are:

• Must be a U.S. citizen
• Must be able to financially sponsor the child, unless there is a joint sponsor who executes an affidavit of support

1. Children who are eligible for an IR2 or CR2 visa include:

• Children whose mother is the petitioning U.S. citizen parent
• Children whose father is the petitioning U.S. citizen parent if: the parents were married at the time of the child’s birth; the father legitimated the child prior to the child’s 18th birthday while having the child in his custody; or, in the case of a child born out-of-wedlock, the father has a bona-fide parent-child relationship with the child
• Stepchildren but only if they were under the age of 18 at the time their parents married and the step-relationship with the U.S. citizen parent was created
• Adopted children under 16 who have lived with the U.S. citizen parent for at least two years (except in the case where a sibling was already adopted by the family, the child may be under 18)
• Certain orphans or children adopted according to the Hague Convention

Children of green card holders are not eligible for an IR2/CR2 visa nor an IR7/CR7 adjustment of status. While children of permanent residents have other options available to them; these are only available to the children of U.S. citizens. 

If you aren’t sure whether your child or children qualify, call one of our experienced immigration lawyers.

IR2 or CR2 Immigrant Visa Process

The process for obtaining a child’s green card is different depending on where the child is located physically. If the child is located outside the U.S., they must get an IR2 or CR2 immigrant visa abroad:

• Step One: You, the U.S. citizen parent, must file the family-based immigrant petition, Form I-130 Petition For Alien Relative, with the United States Citizenship and Immigration Services (USCIS) with proper evidence to prove the parent-child relationship
• Step Two: After approval of the I-130, file the Immigrant Visa Electronic Application, Form DS-260 to start the visa application process with the National Visa Center (NVC). This form asks for the child applicant’s biographical and background information and the reason for the child’s immigration to the U.S. The child also files supporting documentation, including from the petitioner to prove they are a U.S. citizen and are otherwise eligible to act as an I-864 sponsor
• Step Three: Receive any vaccinations needed and complete the medical exam from an authorized physician.
• Step Four: Attend the interview at the U.S. Embassy or Consulate. In the interview, the child may be asked about their relationship with the sponsor and about their desire to live in the U.S. Documents to take include:

1. A passport for the child, valid for at least six months after their planned immigration to the U.S.
2. The confirmation page of Form DS-260
3. Proof of current vaccinations and a medical exam
4. Two current photos of the child conforming to the CR2 or IR2 visa requirements

• Step Five: With the issuance of the visa, the child receives a sealed visa packet to bring to the U.S. The packet must not be opened.The child travels to the U.S. and takes the sealed visa packet to a United States port of entry to be admitted as a permanent resident - CR2 with condition or IR2 without condition. 

Assuming the USCIS immigrant fee is paid, the child’s green card should arrive via U.S. mail within approximately 45 days of the child’s arrival in the U.S.

IR7 or CR7 Adjustment of Status Process

Children physically present in the U.S. after having entered with a visa or visa waiver in the past must use the Adjustment of Status process, which are as follows:

• Step One: File a suite of forms with the United States Citizenship and Immigration Services (USCIS), including Form I-130 Petition for Alien Relative and Form I-485 Application to Adjust Status, along with supporting documentation to prove the child’s identity and admissibility, their relationship to the petitioning parent, and that the parent is a U.S. citizen eligible to sponsor them (form I-864)

• The documentation includes:

• Current passport-style photos that meet the Department of State photo requirements for passports
• Form I-797, the receipt or approval notice for Form I-130 if Form I-130 and Form I-485 are not filed together
• Copy of the child’s birth certificate
• Copy of the parent’s marriage certificate and documents showing a bona-fide marriage if the step-parent is the U.S. citizen petitioner
• Copy of divorce decrees of any prior marriages for either parent
• Copy of the child’s passport and non-immigrant visa, and the parole or admission stamp page
• Government-issued ID with a photograph of the applicant
• Form I-94, the Arrival Record, or a copy of the U.S. Customs and Border Protection (CBP) admission

• Step Two: Travel to an application support center to provide fingerprints as well as be photographed and sign an acknowledgment
• Step Three: Attend an immigration interview with a USCIS officer

If the applicant’s request for adjustment of status to permanent resident is approved, they will be mailed their CR7 green card with condition or IR7 green card without condition.

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As long as the interview is successful, all forms are submitted, and the USCIS fees get paid, the child’s Green Card should arrive via U.S. mail within 45 days of the child’s arrival in the U.S.

Parents physically located in the U.S. at the time of the visa application must use the Adjustment of Status steps, which are as follows:

• Step One: File the Change of Status Petition and the Immigrant Visa Petition, Form I-130, and the Application to Register Permanent Residence or Adjust Status, Form I-485, with the USCIS.
• Step Two: Submit documentation identifying the child and parent and supporting the relationship between the child and parent. The documentation includes:

1. Two passport-style, current pictures that meet the Department of State photo requirements for passports
2. Form I-797, the Recipient or Approval Notice of Form I-130 if Form I-130 and Form I-485 are not filed together
3. Copy of the child’s birth certificate
4. Copy of the parent’s marriage certificate and documents legitimizing the marriage
5. Copy of divorce decrees of any prior marriages for either parent
6. Copy of the child’s passport and non-immigrant visa, and the parole or admission stamp page
7. Government-issued ID with a photograph of the applicant
8. Form I-94, the Arrival Record, or a copy of the U.S. Customs and Border Protection (CBP) admission

• Step Three: Go to the Application Support Center to provide fingerprints and a current, passport-style photo and sign that they have provided accurate information for the visa.
• Step Four: Attend an interview with a U.S. official similar to that required for the consular processing method.

Once the applicant’s status change is granted, they will be mailed their IR2 or CR2 visa.

How Can Our Lawyers Help with Your IR2/CR2 Visa?

The U.S. immigration laws are complex and confusing which is why many family visa applicants feel intimidated trying to navigate the immigration system and procedures.

Navigating the application process for an IR2/ CR2 visa or IR7/CR7 adjustment of status is much easier with the help of an experienced immigration lawyer.

For example, if you choose our premium service for full attorney representation for the IR7 or CR7 child adjustment of status, our process is as follows: 

1. Contact SimVisa for a free 15-minute meeting with our team and to schedule a paid consultation with an attorney. The lawyer will dive into the specific facts of your case, address your questions and concerns, and provide an assessment of your case as well as the steps moving forward.
2. After the consultation, you sign the engagement letter and submit your payment using our secure link. We typically credit the attorney consultation fee and charge a flat fee for our services, which we discuss in your attorney consultation.
3. We work with you to gather all the information and documents necessary for  your case into our system, answering questions and advising you every step of the way. 
4. We prepare the petition package, including forms and supporting evidence, and make the process as easy and stress-free as possible. We work together to create a filing that best presents your case and minimizes the chance of issues or delay by US immigration.
5. A lawyer completes the attorney review and is available to answer any questions or address any issues that you may have.
6. After you sign the documents, we submit the package to USCIS and officially sign on as your “attorney of record” meaning that U.S. immigration recognizes us as your lawyer. As a result, we have the ability to contact immigration on your behalf and to monitor and notify you of the progress of your case with immigration.

Our six-step process for the automated service for the IR7 or CR7 child adjustment of status is as follows:

1. Contact SimVisa for a free 15-minute meeting with our team to determine whether you are eligible to file a request for adjustment of status using the automated service.
2. After the consultation, you submit your payment for legal assistance using our secure link. We charge a flat fee for our services, which we discuss in your initial consultation.
3. Using our system, you provide the requested information and upload all your relevant documents into your secure client portal.
4. We meet with you via video and prepare the petition package including forms and supporting evidence. We will tell you if we need further proof and what we need for your application.
5. A lawyer completes the attorney review.
6. We send the completed application to you for you to sign and submit.