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US Visa Application for Minors, Infants and Children

How to Apply US Visa for Minor

US Visa Application for Minors – PDF Guide

The process of applying for a U.S. visa for minors, infants, and children can be more complex and require additional documentation than required for an adult application. Many parents or guardians have problems applying for a visa for their children. The “U.S. Visa Application Guide for Minors, Infants, and Children” was created especially to help parents submit U.S. visa applications for their children. The “U.S. Visa Application Guide for Minors, Infants and Children” can be used by the whole family. It contains information about how adults, as well as minors, infants, and children can apply for U.S. visas.

• Start Application Immediately
• Easy to Understand Instructions
• Apply Online or by Mail
• Pricing and Fee Information Included
• Checklist of Required Documents
• Unlimited Online Support

Visa Application for Minors Content

• US Visa Application for Minors and Children
• US Visa Applications for Infants (Under 2 Years of Age)
• Visa Interview Information for Minors, Children and Infants
• Passport requirements for minors, children and infants
• Information for children traveling to the United States in organized groups
• Information for children traveling to the United States who are not accompanied by one or both parents.
• B-2 Tourist Visa Information
• Explanation of the tourist visa application process
• Tourist Visa Eligibility Information
• How to Fill Out Application Forms for B-2 Tourist Visa

Additional information

• Tourist Visa Extension Information
• Tourist Visa Interview Information
• Visa Waiver Information
• List of required documents
• Filing Fee Information
• Frequently Asked Questions (FAQs)
• List of USCIS offices nationwide
• Directory of U.S. Consulates and Embassies
• Information on how to obtain the latest immigration forms.

Download U.S. Visa Application for Children and Minors Guide for more information

Common questions about u.s. visas for children:.

Yes, it is possible for your minor child to travel under your visa to the United States. However, the specific requirements and procedures may vary depending on the type of visa you hold and the purpose of your travel. Here are a few key points to consider:

• Dependent Visa: Some visa categories, such as the H-1B or L-1 visas , allow for dependents, including minor children, to accompany the primary visa holder. They can travel to the U.S. under a dependent visa, such as an H-4 or L-2 visa.
• Application Process: Generally, you will need to include your child’s information and documentation in your visa application or apply for their visa separately. This may involve providing proof of the parent-child relationship, such as birth certificates, and fulfilling any specific requirements outlined by the U.S. embassy or consulate.
• Duration of Stay: Your child’s authorized stay will typically be tied to the validity of your visa. They can reside in the U.S. for the same duration as you, as long as they maintain their dependent visa status.
• Study Opportunities: If your child wishes to pursue education in the United States, they may need to apply for a separate student visa, such as an F-1 visa , depending on their age and academic pursuits.

Does my one-month-old baby require a U.S. passport and visa? Or can he/she travel with my passport?

Yes, your one-month-old baby requires his/her own passport and visa to travel to the United States. Every individual, regardless of age, must have a valid passport and a U.S. visa to enter the country. If your child does not have a passport, it is necessary to obtain one before initiating the U.S. visa application process. Once your child has obtained a passport, you can then proceed with applying for the appropriate U.S. visa for him/her. It is crucial to ensure compliance with the passport and visa requirements to facilitate smooth travel and entry into the United States for your child.

Can my teen travel to the United States with an organized tour without a parent present?

Yes, in most cases, a teen can travel to the United States with an organized tour without a parent present. However, it is typically required to present a registered letter that demonstrates parental permission for the trip. It’s important to note that specific requirements may vary depending on your country of residence. For detailed information and instructions tailored to your situation, please refer to the “US Visa Application for Minors, Infants, and Children Guide.” Downloading and reviewing this guide will provide you with accurate and comprehensive guidance for the specific requirements and procedures relevant to your teen’s travel to the United States.

Are children required to attend the visa interview in person?

The answer to this question depends on the age of the child and the country from which the visa is being applied for. In general, minors aged 14 and over may be required to attend the visa interview in person. However, specific rules and regulations regarding visa interviews for minors can vary based on their country of residence . It is important to note that the U.S. Embassy or Consulate where the visa application is being processed will provide instructions and inform you if the minor is required to appear for an interview. Please consult the relevant embassy or consulate for accurate and up-to-date information specific to your situation.

U.S. Immigration Support is managed and operated by a U.S.-licensed law firm, ETAS TRAVEL LEGAL. Our mission is to help immigrants and travelers through the complex United States immigration system with our do-it-yourself immigration guides and travel authorization consultancy. We are not affiliated with the United States government. All applicants can apply directly at uscis.gov or travel.state.gov without our assistance. U.S. Immigration Support is owned by ETAS TRAVEL LLC, and managed by ETAS TRAVEL LEGAL.

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• US Immigration & Visa Guides

Guide to Bringing a Child, Son or Daughter to Live in the United States

The age and marital status of your children are important factors in the immigration process. For immigration purposes, a “child” is defined as being unmarried and under 21, whereas if a person is married and/or over 21, that person is defined as a “son” or “daughter”.

Eligibility Requirements

A more detailed description of who is considered a "child" in the immigration process is given below. If you or your child, son or daughter currently serves in the U.S. military, see the   Military   section of the USCIS website.

Required Documentation

• Form I-130, Petition for Alien Relative   (signed with proper fee)
• A copy of your U.S. birth certificate OR
• A copy of your unexpired U.S. passport OR
• A copy of Consular Report of Birth Abroad OR
• A copy of your naturalization certificate OR
• A copy of your certificate of citizenship
• A copy (front and back) of Form I-551 (Green Card) OR
• A copy of your foreign passport bearing a stamp showing temporary evidence of permanent residence.
• If your name or your child’s name has changed, proof of legal name change (may include marriage certificate, divorce decree, adoption decree, court judgment of name change, etc.)
• Proof of relationship (see chart below for case-specific requirements)

Filing for Your Relative Who Lives in the United States

Filing for your relative who lives outside the united states.

If your child, son, or daughter is outside the United States, you file Form I-130. The petition will be sent for consular processing after it is approved and a visa is available. The U.S. Embassy or consulate will provide notification and processing information.

Conditional Residence and Removing Conditions

If you are petitioning for a step-child and have not been married to the child’s genetic parent genetic or legal gestational mother for 2 years at the time the child receives permanent residence, the child will be granted conditional permanent resident (CPR) status.  Form I-751, Petition to Remove the Conditions on Residence   is used to remove the conditional basis of permanent residence. (Note that Form I-90, Application to Replace Permanent Resident Card is   NOT   used for this purpose.)

If your spouse and child became CPRs at the same time or within 90 days, the child can be included in your spouse’s petition. If the child became a permanent resident more than 90 days after your spouse, the child will need to file a separate Form I-751.

Form I-751 must be filed within the 90-day period prior to the expiration date on the conditional resident card. If you fail to file during this time, your spouse and/or your child’s status will be terminated and they may be subject to removal from the United States.

Who Is Considered To Be a "Child" in the Immigration Process?

For immigration purposes, a child can be any of the following:

• A genetic child born in wedlock
• If the mother is petitioning, no legitimation is required.
• If the father is petitioning, legitimation is required in accordance with the laws of the father or child’s place of residence.
• If the father is petitioning and the relationship is not legitimated under applicable laws, a bona fide parent-child relationship must be shown to have existed prior to the child’s 21st birthday and while the child was unmarried.
• A child born through Assisted Reproductive Technology (ART) to a non-genetic gestational mother who is recognized under the law of the relevant jurisdiction as the child’s legal parent at the time of the child’s birth.
• A step-child, as long as the marriage creating the step-relationship occurred before the child turned 18
• An adopted child if the child was adopted before age 16 (or before their 18th birthday, if certain circumstances described on the   Adoption-Based Family Petition Process or Adoption-Based Form I-130 Process   page apply), AND the adoptive parent has satisfied 2-year legal custody and joint residence requirements. (The legal custody and joint residence do not have to be during the same time period, but each must be met for a cumulative 2-year period.) NOTE: Most adoption-based immigration occurs through the   orphan    or   Hague   processes. If you are considering pursuing the   Adoption-Based Form I-130 Process , you should review certain eligibility considerations. See the  Adoption  pages for more information. 

Check the Status of Your Visa Petition

To check the status of your visa petition, see the   My Case Status   page. 

Can my child come to the United States to live while the visa petition is pending?

If you are a U.S. citizen, once you file   Form I-130 , your child is eligible to apply for a nonimmigrant K-4 visa. This will entitle him or her to come to the United States to live and work or go to school while the visa petition is pending. To petition for this benefit, you may file   Form I-129F . However, you are not required to file Form I-129F and your child does not require a K-4 visa. Your child may wait abroad for immigrant visa processing. Seeking a K-4 visa can be a method for him or her to come to the United States more quickly. For more information, see the “ K3-K4 Visa ” page.

If you are a lawful permanent resident (Green Card holder) and you have filed Form I-130 for your child on or before December 21, 2000, your child may be eligible for the V visa classification if more than three years have passed since the I-130 was filed. For more information on V visas, see the   V Nonimmigrant Visas   page.

For more information, visit the   Adjustment of Status   within the United States page and   Consular Processing   overseas page.

My Petition was Denied: Can I Appeal?

If the visa petition you filed is denied, the denial letter will tell you how to appeal and when you must file the appeal. After your appeal form and the required fee are processed, the appeal may be sent to the Board of Immigration Appeals.

Following-to-Join Benefits

This section is for beneficiaries who became permanent residents through a preference classification.

If you were married and/or had children who did not obtain permanent residence at the same time you did, they may be eligible for follow-to-join benefits. This means that you do not have to submit a separate Form I-130 for your spouse and/or children. In addition, your spouse and/or children will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. consulate that you are a permanent resident so that your spouse and/or children can apply for an immigrant visa.

Your spouse and/or children may be eligible for following-to-join benefits if: 

• The relationship existed at the time you became a permanent resident and still exists, AND 
• You received an immigrant visa or adjusted status in a preference category. 

If your family member falls into this category and you adjusted to permanent residency in the United States, you may submit the following:

• Form I-824, Application for Action on an Approved Application or Petition
• A copy of the original application or petition that you used to apply for immigrant status 
• A copy of Form I-797, Notice of Action, for the original application or petition 
• A copy of your Form I-551 (Green Card)

If you are in the United States and have not yet filed to adjust your status to permanent resident, you can file Form I-824 with your Form I-485, in which case no supporting documents are needed other than those submitted with Form I-485.

If you received the immigrant visa overseas, you may contact the National Visa Center ( NVC ) for follow-to-join information. Send your inquiry by e-mail to   [email protected]   or by writing to the National Visa Center, ATTN:  WC, 32 Rochester Ave., Portsmouth, NH 03801-2909. 

Edited November 24, 2019 by Captain Ewok

NOTE: The above information does not address the specific requirements for any given case and is not a substitute for the advice of an attorney.

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• 20 Comments

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Posted January 3, 2022

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If a person is a US citizen and wants to file for his Daughter who is married and has a child, how many I130 are needed, does the petitioner needs to pay 3 different fees ?

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happymommaof2 0

Posted February 7, 2022

no, just one and list the names of child and spouse. my dad just submitted I130 this evening to my brother who is married and has 3 kids.

Indy Sab 174

Posted March 29, 2023

my uncle has two kids that are over 21, one is married the other one is single... can they be added/

appleblossom 1,826

Posted March 29, 2023 (edited)

38 minutes ago, Charlys&Indy said: my uncle has two kids that are over 21, one is married the other one is single... can they be added/

Is your Uncle a US citizen? If so, he can petition for them, it's a heck of a long wait though (longer for the one that's married) so they might want to explore work visas to see if there is any quicker way over for them.

11 minutes ago, appleblossom said: Is your Uncle a US citizen? If so, he can petition for them, it's a heck of a long wait though (longer for the one that's married) so they might want to explore work visas to see if there is any quicker way over for them.

no.... my grandmother is the US petitioner, who wants to bring my uncle... who has two kids over 21

1 minute ago, Charlys&Indy said: no.... my grandmother is the US petitioner, who wants to bring my uncle... who has two kids over 21

OK, so your grandmother can't petition her grandchildren, and they should definitely explore other visa options, it would be decades before they could move via family.

1 minute ago, appleblossom said: OK, so your grandmother can't petition her grandchildren, and they should definitely explore other visa options, it would be decades before they could move via family.

My grandma is petitioning my uncle.... who is her child.... my uncle has two kids over 21.... I just wanted to know if once my grandma submits the petition can they be added as my uncle children over 21

1 hour ago, Charlys&Indy said: My grandma is petitioning my uncle.... who is her child.... my uncle has two kids over 21.... I just wanted to know if once my grandma submits the petition can they be added as my uncle children over 21

As above, no. They'd need to wait until their father became a citizen and then he can petition for them. So waiting for decades, they should look at other options.

28 minutes ago, appleblossom said: As above, no. They'd need to wait until their father became a citizen and then he can petition for them. So waiting for decades, they should look at other options.

why decades? My grandma is a us citizen... Once my uncle gets his green card, he has to wait 5 years to become us citizen right?

4 minutes ago, Charlys&Indy said: why decades? My grandma is a us citizen... Once my uncle gets his green card, he has to wait 5 years to become us citizen right?

Yes but it will take him many years to get his green card. You can look at the Visa Bulletin (mentioned in the article above) to see the possible wait time for him, if he's not married then look at category F1 (currently processing applications received in 2014), if he's married then it's category F3 (processing applications received in 2008).  https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-april-2023.html

So best case scenario, if he's unmarried and applies now then his priority date may become current in around 2033 (as a very rough guide - could be longer as the Covid backlog is expected to lengthen that time), so citizenship in 2038/2039. His sons then have the same wait for a visa, so another 10-20 years after that.

Lil bear 4,033

5 minutes ago, Charlys&Indy said: why decades? My grandma is a us citizen... Once my uncle gets his green card, he has to wait 5 years to become us citizen right?

Because both he and his  children over 21 are not included in amy immediate relative visa category but are covered by Family preference visas which have annual number limitations and hence long waiting periods until they reach the top of the  queue

Just now, Lil bear said: Because children over 21 are not included in amy immediate relative visa category but are covered by Family preference visas which have  annual number limitations and hence long waiting periods until they v each the top of the  queue

we will file I-130.... for K4 visa

3 minutes ago, Charlys&Indy said: we will file I-130.... for K4 visa

A K-4 isn't relevant for your situation. It's only for children - not anybody aged over 21 who aren't 'children' in US immigration terms - and even then is only for children of K-3 visa applicants.  https://www.uscis.gov/family/family-of-us-citizens/k-3k-4-nonimmigrant-visas

Just now, appleblossom said: A K-4 isn't relevant for your situation. It's only for children - not anybody aged over 21 who aren't 'children' in US immigration terms - and even then is only for children of K-3 visa applicants.  https://www.uscis.gov/family/family-of-us-citizens/k-3k-4-nonimmigrant-visas    

6 minutes ago, Charlys&Indy said: 😒 😒 😒 😭

Sorry to be the bearer of bad news. Show your Uncle and grandmother the Visa Bulletin above, and set their expectations accordingly. Just get the I-130 filed asap so that he's in the queue, but he won't be moving for at least a decade, far longer if he's married. 

10 minutes ago, Charlys&Indy said: 😒 😒 😒 😭

Please thoroughly  read the USCIS guide to visa eligibility .. it will help you to sort through the complexities of family migration options 

https://www.uscis.gov/green-card/green-card-eligibility-categories

15 minutes ago, appleblossom said: Sorry to be the bearer of bad news. Show your Uncle and grandmother the Visa Bulletin above, and set their expectations accordingly. Just get the I-130 filed asap so that he's in the queue, but he won't be moving for at least a decade, far longer if he's married. 

I just found out he got divorced... but he is in good terms with ex-wife.... I never knew they were divorced lol

Posted March 30, 2023 (edited)

15 hours ago, Charlys&Indy said: I just found out he got divorced... but he is in good terms with ex-wife.... I never knew they were divorced lol

OK, sounds awful saying this about a divorce, but that's good news for him now. Means it may be 10 years rather than 20! And cuts a decade or so off his sons waiting time too.

Josephkyz 0

Posted August 15

A US citizen is filing for spouse and step child. Will the citizen also file a i-864 for the step child? Or just the spouse?

St3phsm07 1

Posted Wednesday at 03:33 AM

Lpr spouse filed for our minor teenage son back in 2021 paying for form I130 for our son alone. This case is now at NvC since Jan 2024 but has not advanced since then it’s been more than 6 months, the ceac profile was completed and approved but has not passed to our embassy. Now my case has also processed and is currently at NvC for ds260 to be filled out, we noticed that my teenage son is also in my case, should he also pay for his fees inside my case or should we wait for my sons own case to process. We are not sure what to do please advise. 

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Giving Birth In The US On A Tourist Visa: A Detailed Guide

Each year, the United States become birthplace of 33,000 babies while their mothers visit the country as tourists — on top of hundreds of thousands more born by women on temporary visas and illegal aliens.

This alarming statistic has led to legal changes for giving birth in the U.S. on a tourist visa.

We’ll explain what birth tourism is and cover the legal consequences of having your baby in the U.S. as a tourist. We’ll also share the most recent legislation updates regarding tourist visas for pregnant women.

Contact Spar & Bernstein

Table of Contents

This article was written and reviewed by Bradford H. Bernstein, a second-generation leader at Law Offices of Spar & Bernstein, P.C., who has helped over 100,000 clients with immigration and personal injury issues. Brad joined the firm in 1993, became a partner in 1997, and assumed leadership in 2000 after Harry Spar retired.

What Is Birth Tourism?

Birth tourism is the practice of traveling to another country, specifically to give birth in that country. Birth tourism often occurs on a temporary visa, such as a tourist visa.

Considered one of the best countries to give birth in, the U.S. is an attractive place for birth tourism. The motivation behind birth tourism in the U.S. includes:

• Perceived stability : Accepted as a stable and prosperous country, the U.S. is an attractive place to give birth and raise a child.
• Citiznship benefits : Giving birth in the U.S. makes your child a U.S. citizen, which gives the child access to education, healthcare and potential career opportunities.
• Family reunification: Giving birth in the U.S. can be used as a pathway for you and your spouse as a U.S. citizen’s parents to obtain legal immigration status in the U.S.

However, birth tourism in the U.S. is viewed as a potential threat to national security , because:

• It can lead to the fraudulent acquirement of U.S. citizenship, bypassing the traditional immigration pathways and security screening procedures
• It can strain healthcare and public services, impacting the well-being and security of citizens and legal residents

As a result, birth tourism has provoked numerous discussions about tightening regulations to ensure that those who enter the U.S. come to the country for legitimate reasons and are not compromising national security.

What Happens If You Give Birth In The US On A Tourist Visa?

Giving birth in the U.S. on a tourist visa can have certain legal consequences for both mother and child.

1. Legal Implications For The Mother

Giving birth in the U.S. on a tourist visa does not automatically grant you the right to stay in the country based on the birth of your child.

Your visa status remains unchanged and you will be typically expected to leave the U.S. before your visa expires. If you do not leave the country after the expiration of your visa, this will be considered as overstaying a visa , which may result in future travel restrictions or challenges when applying for a visa for subsequent visits.

In addition, if your primary purpose for entering the U.S. was to give birth and you did not truthfully represent your intentions to immigration officials, you can be charged with visa fraud due to willful misrepresentation of a material fact (that you were planning to have your baby in the U.S.) or face visa denial for future visa applications, due to credibility concerns.

While giving birth in the U.S. does not directly grant you any type of immigration status, there may be pathways that can help you remain in the U.S. permanently.

These alternatives can include family-sponsored visas, employment-based visas or other immigration categories. Talk to an experienced immigration attorney to understand your options.

2. Legal Implications For The Child

If your child is born on U.S. soil, they will acquire U.S. citizenship through the principle of jus soli (birthright citizenship).

• In addition to citizenship, being born in the U.S. allows your child to:
• Apply for a U.S. passport

Hold dual citizenship, depending on your home country’s laws

Apart from benefits, however, U.S. citizenship also comes with certain obligations. If your child is born in the U.S. and therefore is a U.S. citizen, your child is likely to:

• Have residency obligations, such as potential taxation on global income and the need to enter and exit the U.S. using a U.S. passport
• Face immigration challenges, as they may need to navigate U.S. immigration regulations, even if they choose not to reside in the U.S.

Because each situation is unique, the legal implications can vary based on the specific circumstances. We recommended seeking professional advice from a reputable immigration law firm, like The Law Offices of Spar & Bernstein.

With five decades of immigration experience, our team at The Law Offices of Spar & Bernstein has supported thousands of people in various immigration situations, from getting married on a tourist visa or navigating a visa overstay to removing conditions on a Green Card and facing the challenges of divorce after Green Card .

Schedule a consultation with our caring and tenacious team for professional guidance and advice in your situation. We will explain the legal implications for yourself and your child and share our advice on next steps.

New Rules For Giving Birth On A Tourist Visa In The US

As per the U.S. government, traveling to the U.S. and giving birth with the intention to obtain U.S. citizenship for your child is not an acceptable reason for granting a B nonimmigrant visa.

According to the updated temporary visa regulations , which became effective as of January 22, 2020, the consular officers have the authority to deny a B nonimmigrant visa to individuals they believe intend to travel solely for the purpose of obtaining U.S. citizenship for their child through birth.

However, the U.S. government recognized that foreign nationals may wish to travel to the U.S. for medical treatment while pregnant , which is different from birth tourism.

If you need to visit the U.S. for medical treatment while pregnant, you must submit your visa application along with:

• A legitimate reason to travel to the U.S. for medical treatment, such as a condition requiring specialized medical expertise, availability of advanced medical technology, chronic disease management, participation in a trial or experimental treatments that are not available in your country, or seeking a second opinion
• A confirmation by a medical practitioner or facility stating that they agreed to provide treatment
• An estimated duration of stay in the U.S.
• A projected cost of treatment
• Proof that you can cover your medical treatment, transportation and living expenses, either on your own or with pre-arranged assistance from other parties

The new rule restricting tourist visas to pregnant women does not affect :

• F-1 academic visa applicants
• M-1 vocational student visa applicants
• H1-B work visa applicants
• Those seeking lawful permanent residence in the U.S.

If you are considering visiting the U.S. on a tourist visa, especially if you are pregnant, talk to legal experts to review the latest updates and get professional recommendations on next steps.

Need Legal Advice? Contact Spar & Bernstein

With a long-standing history and commitment to serving clients with care and compassion, our experienced team at The Law Offices of Spar & Bernstein provides a guiding hand in key areas of immigration, from nonimmigrant visas and marriage-based visas to family immigration and waivers .

Giving birth in the U.S. on a tourist visa can be extremely overwhelming. To help you in this life-changing situation, our knowledgeable and compassionate lawyers will:

• Provide personalized advice based on your specific situation
• Assess your visa status
• Explain your rights and obligations as a foreign national in line with the changing policies and regulations that might affect your situation
• Provide insight into the implications of U.S. citizenship for your child
• Explore various legal options for you and your child, such as addressing potential overstays, adjusting your visa category or seeking pathways for obtaining legal immigration status
• Review your documentation to ensure accuracy and compliance with immigration regulations
• Submit your application for extending your stay or changing your visa category, along with all necessary documents
• Handle the communication with immigration officials on your behalf
• Represent you and advocate on your behalf in case of visa denial, overstay issues or other problems
• Provide peace of mind while you focus on caring for and bonding with your child

With Spar & Bernstein, you can rest assured that you and your child are in good hands.

Schedule a consultation

Giving Birth In The US On A Tourist Visa: Key Takeaways

Giving birth in the U.S. on a tourist visa can have a number of legal implications for both you and your child.

You will likely be denied a visa if your intentions to travel to the U.S. are only related to birth and the potential benefits that offers.

However, you can still be eligible for a visa if your medical condition requires treatment in the U.S. and you are expecting a child.

If you have questions about birth tourism or need to get a visa for medical treatment in the U.S. while pregnant contact our experienced and compassionate immigration lawyers at Spar & Bernstein.

We will help you navigate this complex situation by taking care of all the documents and procedures needed to maintain your legal status and pursue pathways to maintain in the country, if desired.

Work with our immigration attorneys

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Family-based immigrant visas and sponsoring a relative

If you are a U.S. citizen or permanent resident, you may be able to sponsor a family member for a Permanent Resident Card (Green Card). Learn about the process and who is eligible.

Categories of people eligible for family immigrant visas

Applying for a family-based immigrant visa is the first step in the process for the person you are sponsoring to become a permanent resident. There are two categories of this type of visa:

Immediate relative visas

These visas are for close relatives of U.S. citizens, such as spouses, unmarried children under 21, or parents. An unlimited number of visas are available for this visa category. These visas include:

• IR1 and CR1 for spouses
• IR2 for children
• IR5 for parents

Family preference visas

A limited number of family preference visas are set aside each year for:

• F1 visas unmarried children who are 21 years of age or older
• F3 visas for married children
• F4 visas for siblings
• F2A visas for spouses and unmarried children under age 21
• F2B visas for unmarried children who are 21 years of age or older

Check the U.S. Department of State’s chart of immigrant visa categories to learn more about each category of immediate relative and family sponsored visas .

How to apply for permanent residency for a family member

To sponsor your family member, submit a United States Citizenship and Immigration Services (USCIS) Form I-130 . Each person you sponsor needs a separate Form I-130. You can submit the form online or by mail.

The process for your relative to immigrate to the U.S. requires that both you, as the sponsor, and your relative, as the visa applicant, complete the necessary steps.

The process is different depending on whether your family member is already in the U.S. or abroad.

• If your family member is in the U.S. - Learn about Adjustment of Status
• If your family member is outside the U.S. - Learn the steps for Consular Processing

Submitting Form I-130 is the first step of the immigration visa process. Learn what other steps are involved , including:

• National Visa Center (NVC) processing
• Fee payments
• Required supporting documents
• Interview preparation

LAST UPDATED: December 8, 2023

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U.S. Tourist Visa for Family and Dependents

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Under 14 years old - To qualify for personal appearance exemption, either or both parents of the applicant must have a valid B1/B2 visa, and the applicant must be physically present in the Philippines at the time of the application.

Above 79 years old - Follow the interview waiver application process (Steps 1 to 5). at https://ustraveldocs.com/ph/ph-niv-visarenew.asp .

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Pay the visa application fee.  http://www.ustraveldocs.com/ph/ph-niv-paymentinfo.asp.

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Complete the  Nonimmigrant Visa Electronic Application (DS-160) form . After completing the form, print and save your confirmation page.  

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NHS consultant and daughter, 11, may be forced to leave UK in Home Office visa row

Dr liza harry, who lost her husband in the pandemic, relies on her elderly mother to help look after her young daughter - but officials have said the 76-year-old can no longer stay in the country.

An NHS paediatrician whose medic husband died during the pandemic could be forced to leave the UK with her daughter due to a row with the Home Office over a visa for her elderly mother.

Dr Liza Harry and Katelyn, 11, were left devastated when Dr Shree Vishna Rasiah, a neonatologist at Birmingham Women’s and Children’s Hospital – known as Vish – died on 23 April 2020 after contracting Covid-19. He was one of the first medics to die in the pandemic .

Dr Harry’s mother, Zohora, arrived from Trinidad in June that year on a six-month visiting visa. However, she wanted to be able to stay indefinitely to support her daughter and be, in effect, a co-parent to Katelyn. Officials initially rejected the indefinite leave to remain visa application, but following i ‘s publication of her story three years ago the Home Office promised to expedite the case and Mrs Harry received a grant of leave for 30 months on compassionate grounds .

Mrs Harry, 76, applied for a visa extension in October 2023, as she continues to provide vital emotional support to her granddaughter and daughter, allowing Dr Harry – a consultant paediatrician – to return to work.

In a letter to then Home Secretary Suella Braverman in support of the application, a senior colleague of Dr Harry’s at Worcestershire Acute Hospitals NHS Trust said: “Liza is a key part of paediatric and neonatal medical teams; she is valued and respected by colleagues and patients alike.

“Our ask is simple: allow Liza’s mother, who is a Commonwealth citizen, to continue to stay in the UK to help support Liza and Katelyn. This will enable Liza to continue to work at our hospital where her skills and compassion are greatly needed – now more than ever as we try to recover services following the pandemic.”

However, the Home Office denied the extension in January. The family took legal action, but a judge at the First-Tier Tribunal has now backed the refusal – despite evidence read out in court from Dr Harry’s trust and Katelyn’s school stating how important Mrs Harry’s presence has been for the family.

“I thought the decision would be a formality and allow me to resume full-time and out of hours duties at my hospital,” Dr Harry, 53, told i .

“So the rejection was a shock, very unexpected. We felt the Home Office had misunderstood the situation because they granted it on compassionate grounds first time around, so we thought they would look at the entire case again and give the extension on the same grounds.

“At the tribunal, we put in more evidence from my hospital saying they want me to do more out of hours work to help recover services from the pandemic and improve waiting lists. But they didn’t seem to pay any attention to that and said mum has not satisfied the immigration rules and therefore denied the application.”

Katelyn’s deputy headteacher wrote: “Without the support of her grandmother I do think there would have been many key events that Katelyn would have been involved with, where she would have had no one in the audience for her, no one to tell her Mum how well she had done and no one there giving her the confidence to get up and do her best.”

Following the decision, Dr Harry said she will have to consider her future in UK if all further legal options fail.

“If my mother had to leave, I don’t think Katelyn and I would be able to manage on our own emotionally. We’d feel very isolated. We have friends and colleagues around who have been extremely supportive and we are very grateful for this. But at the end of the day, it’s not the same as having a family member physically here.

“My mother is a widow, and so in many ways we support her as much as she supports us. We are a strong family unit: that’s the hand we’ve been dealt and this is the best solution for us. The three of us together.

“If mum had to leave, I’d have no choice but to think seriously about relocating all of us, so we could continue to be together and support each other. However, my trust needs me and I would like to continue working here where I have been in my post for the last 14 years and Katelyn would like to continue to live in the house where we have many memories of her father and continue at her school with her friends and teachers. Considering what we have been through, I don’t think this is too much to ask.”

In her judgement backing the Home Office, Judge Young-Harry said Mrs Harry had “failed to show there are exceptional or compelling circumstances in this case” due to the absence of any “medical or supporting evidence” that her absence would have a significant impact on Katelyn.

The judge said Mrs Harry “can maintain her relationship and bond with her granddaughter in a similar but different way on return [to Trinidad], via modern means of communication, and through regular visits between the UK and Trinidad and Tobago”.

She also ruled that it was in the “public interest” to deny Mrs Harry a visa extension as she failed to meet immigration rules, which outweighed the family’s Article 8 rights – the right to respect for private and family life.

A senior paediatrician at Dr Harry’s trust said of the decision: “I really cannot understand this judgement. At a time when the NHS is desperate to maintain the services of experienced doctors, how can it be ‘in the public interest’ to deny Mrs Harry the right to stay?

“[Mrs Harry] remaining in the UK will place little or no burden on the state but will ensure that we can retain the services of a trusted and respected doctor who has helped save and better the lives of countless [premature] babies and children. I also personally feel that the judge has failed to understand the importance of human physical contact for children.

“Yes, Katelyn will be able communicate with her grandmother via video calls and messaging, but this is a completely inadequate substitute for the warmth and lasting comfort derived from a loving embrace.”

Great Ormond Street to review 721 children treated by former surgeon

Dr Harry said the family would appeal to the Upper Tribunal.

“My mum can’t replace Vish, nobody can replace him, but mum has been helping me with many of the things that Vish would have done if he was here,” Dr Harry said.

“For example, looking after Katelyn after school or attending school functions when I’m at work, so there’s a family member with her. And when I work on Saturdays, mum has Katelyn at home.

“Little by little, mum’s presence has helped us resume a bit more of our old lives – not fully as I’m not working the same pattern I was before the pandemic – and that is extremely reassuring for Katelyn. They have that very special relationship, even closer now than they were before. Whenever mum has had to travel away to see her other grandchildren, Katelyn is very anxious for her to return.

“My trust has been asking me to resume full-time and out-of-hours duties as there is naturally an urgent clinical need to do more, which is what we explained to the judge. So to be able to say all that only for her to tell us mum doesn’t need to be here was another shock.”

Dr Harry said she and her daughter would find things difficult without Mrs Harry around, if she is forced to return to Trinidad.

“The three of us are a family unit and we are there for each other emotionally and practically. Without her I would not be able to do what my trust is asking, which is a full-time job with full out-of-hours: evenings, nights and weekends from Friday to Monday.

“As I explained to the judge, it’s very challenging to find childcare for evenings, let alone overnight and long weekends, and this would be very expensive. As well as this, I’m unwilling to leave my daughter at home with only a stranger for long periods of time. She has suffered from anxiety after the loss of her father, necessitating counselling support to be put in place for her for a period of time.

“My mother is willing to continue to support us and look after Katelyn while I am on call and this is by far the most appropriate solution for our family. Having my mother here with us is very reassuring, both emotionally and practically but that is an understatement really. It is very difficult to put into words what a difference her presence has made and how much her being here has helped us to recover and even now she continues to help us to face every day.”

Officials said it would be inappropriate to comment on potential legal proceedings.

A Home Office spokesperson said: “All applications are carefully considered on their individual merits and in line with the Immigration Rules.”

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To petition for a family member to receive a Green Card (permanent residence), begin by filing Form I-130, Petition for Alien Relative . This form establishes the family relationship that exists between you and your relative. Sometimes the I-130 can be filed together with an application for permanent residence, officially known as Form I-485, Application to Register Permanent Residence or Adjust Status . This is discussed below.

• If your relative is already in the United States, they may apply to adjust status to become a Green Card holder (lawful permanent resident) after a visa number becomes available using Form I-485.
• If your relative is outside the United States, your petition will be sent to the National Visa Center (NVC). The NVC will forward your petition to the appropriate U.S. consulate when a visa becomes available and your relative will be notified about how to proceed. This process is referred to as “consular processing.”
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Visa issues jeopardise Sri Lanka’s tourism: Industry cautions

• Says industry is at risk of winter season collapse
• Asserts will take to streets if the government does not implement the SLT Mobitel-run ETA system
• Points out tourists are spending an average of two and a half hours to obtain visas at BIA
• Says prolonged visa delays and uncertainties could lead to widespread cancellations, further undermining the sector’s recovery

 Pic by Nimalsiri Edrisinghe 

By Nuzla Rizkiya 

Sri Lanka’s tourism industry is at risk of a winter season collapse due to delays in reactivating the Electronic Travel Authorisation (ETA) system, stakeholders warned this week. The ongoing visa issuance issues have caused significant setbacks to international visitors.

On Friday, senior representatives of the industry told journalists that they, together with sector stakeholders, will take to streets if the government does not implement the SLT Mobitel-run ETA system, despite a Supreme Court order issued on August 2. The Immigration Department is to temporarily suspend the controversially outsourced VFS Global system and reinstate the previous system with immediate effect. 

Stakeholders warned that the delays have caused significant impacts to the sector, with tourists now spending an average of two and a half hours to obtain entry visas at Bandaranaike International Airport (BIA). 

International airlines too have already begun expressing hesitation in boarding passengers bound for Sri Lanka due to doubts over whether tourists will be granted visas upon arrival. 

“The entire winter season is at risk. The tourism industry is already fragile, and this delay could prompt travel warnings from countries in the EU. France and Australia have already issued travel advisories against Sri Lanka,” The Hotels Association of Sri Lanka (THASL) Past President Hiran Cooray said at recent press conference. 

“Our industry is in shambles at the moment and it is hurtful because we as a private sector-driven industry have put in a lot of effort to bring the sector to this level after multiple years of challenges. But if this is the way the current government is treating tourism, it is very frustrating,” he added. 

Strong criticism was directed at Department of Immigration and Emigration’s Controller General Harsha Ilukpitiya who was accused of defying judicial orders by stakeholders to delay the reactivation the ETA system by citing technical and logistical excuses. 

This delay has severely damaged Sri Lanka’s reputation as a tourist-friendly destination, with the Sri Lanka Tourism Development Authority already forecasting a 42,000 drop in arrivals during the season.  

This shortfall makes it highly unlikely that Sri Lanka will meet its goal of 2.3 million arrivals or even reach 2 million tourists by the end of 2024 according to the industry leaders. 

“We were stuck in 2019, then Covid and followed by an economic crisis and now when we were poised with a good winter. The numbers are dropping even when announcements were made that free visas will be issued to 38 countries,” SLAITO President Nishard Wijetunga said clarifying that no parliamentary approval is required to reinstate the ETA system, which was in place in the country before April 17. 

He went on to caution that industry leaders are planning to protest in front of the Department of Immigration and Emigration and escalate the matter by raising their concerns with the Supreme Court again if the government does not take immediate steps to resolve the issue soon. 

“Prolonged visa delays and uncertainties could lead to widespread cancellations, further undermining the sector’s recovery. We cannot allow the entire season to be blocked by bureaucratic delays. In the event, there is no solution given by the authorities, we will protest in front of the Department of Immigration and Emigration” Wijetunga stressed.

  Comments - 7 Add Your Comment

Comments - visa issues jeopardise sri lanka’s tourism: industry cautions.

Pick up your slack Monday, 09 September 2024 07:09 AM

They had ONE job. ONE.

Reply 0       4

Amaran Monday, 09 September 2024 07:11 AM

In two weeks' time, the new PRESIDENT to be, Hon Anura Kumara will fix the issue before winder season and will reveal the culprit for this issue.

Reply 4       3

Christo255 Monday, 09 September 2024 08:28 AM

Stupid Ranil should have foreseen this disaster created by his greedy minister in charge. This is not puluwan sri lanka but baha sri lanka

Reply 2       3

Dilakshan Senevirathne Monday, 09 September 2024 08:59 AM

On Sep 22, AKD will solve this issue .Our comrades can take over the task immediately and do it more efficiently. Anyone not capable of implementing our orders to make things efficient will be fired.

Reply 5       3

Mess Created Just To Please A Few People Monday, 09 September 2024 09:03 AM

Just to please a few people in government, see the mess this saga has created. And yet there are people wanting this same regime to continue to run this country! Can’t understand the mentality of these people.

Reply 2       2

Sokrates Monday, 09 September 2024 09:07 AM

It would be so simple. Why isn't an entry stamp made for the immigration officials at the airport for tourists from the preferred countries, on which the entry date is noted, as is the case now, and also stated "Valid for 30 days". A landing card is already filled out by every person during the flight, entering the country anyway.

Reply 0       3

Ram P Monday, 09 September 2024 09:45 AM

The skunks who are in the Cabinet are not bothered. The Minister lost his income with the SC judgement, they know that their time is limited for less than two weeks so who cares

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