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Last Modified on Nov 20, 2025
Immigration cases are often highly complex. Families may have members who have protected immigration status or citizenship, while others do not. Understanding family-based petitions when your child turns 21 is a crucial first step in protecting a family member’s right to remain in the United States. Throughout the petition process, a family-based petition attorney can provide legal insight and guidance that can lead to a favorable outcome for your family.
Must-Know Immigration Statistics
During the last decade, USCIS welcomed more than 7.9 million naturalized citizens. In the Carolinas, about 5.8% of residents in South Carolina are foreign-born, while North Carolina is home to an estimated 425,000 undocumented immigrants as of 2023.
These numbers shape caseloads at regional immigration courts, including the Charlotte Immigration Court (5701 Executive Center Dr., Suite 400, Charlotte, NC) and the Atlanta–Stewart Immigration Court, which hears many South Carolina matters (146 CCA Rd., Lumpkin, GA).
Understanding the Process of Petitioning for Immigration Status for a Parent
For parents of U.S. citizen children, the process changes significantly once the child turns 21. At that age, a U.S. citizen son or daughter may file Form I-130 to petition for a parent as an immediate relative, a category that is not subject to annual visa limits.
This step can make the path to a Green Card faster than in many other family-based categories. However, the petition is only the first step. Parents must still undergo extensive background checks, verify their identity and parent–child relationship, and satisfy all admissibility requirements set by federal immigration law.
One area that the government may scrutinize is the manner in which the parents entered the United States. Parents who initially entered the country with a visa may be eligible to adjust their status inside the United States.
Parents who entered without a visa may need to pursue consular processing abroad and may require a waiver if they accrued unlawful presence. U.S. Citizenship and Immigration Services also evaluates prior immigration violations, criminal history, and any previous removal orders.
Why You Should Hire a Family-Based Petitions Lawyer
Anyone seeking protected residency status for a loved one should hire a family-based petitions lawyer who understands family-based petition laws and how to gather the documents needed for a successful petition. While the path for helping parents remain in the United States becomes easier once their child turns 21, family-based petition cases are still highly complex.
With the support of an immigration attorney, you can better understand the law and the process for petitioning for parents to remain in the United States. If they are eligible, your lawyer can manage the process and file the paperwork, minimizing the risk of delays. If obstacles do arise, your attorney can address those issues before they become setbacks that lead to delays or a denial of your petition.
FAQs
Can You Obtain Legal Status When Your Child Turns 21?
A child who turns 21 and is a U.S. citizen can file an immigrant petition for a parent, but the parent’s eligibility depends on how the parent entered the country. Parents who entered lawfully may have a path to adjust status inside the United States. Parents who entered outside of the formal process would face additional barriers.
How Can an Immigration Attorney Help Me Petition to Bring My Parents to the U.S.?
Legal representation plays a crucial role in the process of petitioning to bring other relatives to the United States. An immigration attorney can guide you through the process of filing an I-130 petition and gathering the documents needed to prove your relationship to your parents. An attorney can also address issues involving prior entries, medical requirements, or inadmissibility concerns.
How Can Someone Petition for a Child Who Is Over Age 21?
Someone can petition for a child over age 21 by filing the correct family-based immigrant petition, but adult children fall into different visa categories with longer waiting periods. Factors such as marital status, country of origin, and visa availability can all affect processing time. Establishing the parent-child relationship through documentation is also required. Legal representation helps ensure the petition is properly filed.
Can a U.S. Citizen Petition for a Stepchild Who Is Over Age 21?
A U.S. citizen can petition for a stepchild who is over age 21 if the marriage that created the step-relationship occurred before the child turned 18. The petition is filed under the adult son or daughter category, which may involve a long wait, depending on the country of origin. It is crucial to collect documents showing that the marriage began while the stepchild was a minor. An attorney can help your family prepare to file this type of petition.
What Happens if a Parent Entered the U.S. Without Inspection, but Their Child Is Now 21?
When a U.S. citizen turns 21, they may file a petition for a parent, but parents who entered the country without inspection face additional hurdles. Although the child can file Form I-130, the parent cannot adjust their status inside the United States unless they meet narrow exceptions. Many would need to pursue consular processing abroad and may require a waiver for unlawful presence. These cases carry significant risks, which makes skilled legal guidance essential.
Protect Your Future With Experienced Legal Support
When a child turns 21, their own immigration status does not automatically change, but their ability to help their parents may expand. If the 21-year-old is a U.S. citizen, they can petition for their parents to become lawful permanent residents. An experienced immigration attorney can guide you through these steps, explain what options apply to your situation, and help you take full advantage of the rights available under federal law.
Butler, Quinn & Hochman, PLLC brings decades of combined experience helping families pursue lawful status through family-based petitions. Our attorneys remain active in respected legal organizations, including the American Bar Association. We can help you evaluate your options and prepare a strong petition on your behalf. Contact our office today to schedule your consultation and take the first step toward securing your family’s future.
