Question: I just received my green card. My 25-year-old daughter lives in China. I would like to apply for an immigrant visa for her so she can live with me in the U.S. What is the process for applying for an immigrant visa for my adult child who lives outside the U.S.?

Answer: The process to apply for an immigrant visa for your child over 21 who lives outside the U.S. is called consular processing.

Consular processing for a child over 21 

To apply for an immigrant visa for your child over 21 years old who resides outside the U.S., you must be either a U.S. citizen or a lawful permanent resident. If you are a U.S. citizen, you can apply for your children over 21, including married and unmarried children. These children can bring their spouses and their own unmarried children under 21 with them as derivative beneficiaries. If you are a lawful permanent resident (green card holder), you can apply for your unmarried children over 21. These children can bring their own unmarried children under 21 with them as derivative beneficiaries. The steps involved in the application process are as follows.  

Step 1: Submit form I-130 to USCIS.

The first thing you must do to obtain an immigrant visa for your child over 21 who resides outside the U.S. is complete Form I-130 (Petition for Alien Relative) and submit it to the United States Citizenship and Immigration Services (USCIS). This form requires you to provide background information about you and your child, including proof that you are a U.S. citizen and your child’s birth certificate. 

Step 2: Visa backlog.

U.S. immigration law limits the number of green cards and immigrant visas that can be issued each year. Because the number of applicants greatly exceeds the number of immigrant visas available each year, there is a long waiting period (a visa backlog) before your adult child can move on to the next step in the process.

Step 3: Submit form DS-260 and form I-864 to NVC.

After USCIS approves your Form I-130 and the multi-year waiting period has concluded, USCIS will send your application to the National Visa Center (NVC). During this step, your child must submit additional information to NVC on Form DS-260 (Immigrant Visa and Alien Registration Application). You must also submit Form I-864 (Affidavit of Support) and proof of your income. This form is used to prove that you are able to support your child financially so that he or she will not have to rely on government welfare after entering the U.S. 

Step 4: Child’s visa interview.

Finally, if NVC approves your application, it will send your case to the U.S. consulate or embassy that has jurisdiction over your child’s application. The consulate or embassy will then notify your child of a date and time to arrive for an interview. This notice will include a list of documentation to bring to the interview. Before your child’s interview, he or she is required to undergo a physical exam. If the interviewer is satisfied with your child’s performance during the interview, then the embassy or consulate will issue your child an immigrant visa, and he or she will be allowed to travel to the U.S. Approximately one or two months after entering the U.S., your child will receive his or her green card in the mail.