This article explains the IR-2 immigrant visa, which allows the unmarried child under the age of 21 of a US citizen to obtain lawful permanent residence (a Green Card) in the United States. It is written for US citizen parents and families who need certainty on eligibility, process, timelines and legal risk, within the broader framework of US immigration and family-based immigration.
Unlike many US visa routes, IR-2 is a statutory family reunification route grounded in federal immigration law. However, despite its apparent simplicity, IR-2 applications are frequently delayed or refused due to technical errors, misunderstanding of the legal definition of “child” and timing issues linked to age and documentation. Many families also confuse IR-2 outcomes with conditional residence concepts that appear in other immediate relative categories, such as the distinctions explained in the CR-1/IR-1 framework.
What this article is about
This guide provides a compliance-grade explanation of the IR-2 visa, focusing on who qualifies under US immigration law, how the application process works in practice, where families most often make irreversible mistakes and how to protect a child’s long-term immigration position. The emphasis throughout is on getting it right first time, rather than reacting to refusals or age-out problems after they occur.
Section A: What is the IR-2 visa and who is it for?
The IR-2 visa is an immediate relative immigrant visa for the unmarried child under 21 of a US citizen. It leads directly to lawful permanent resident status on entry to the United States.
Unlike preference-category family visas, IR-2 is not subject to annual visa caps. This means there is no quota backlog and no visa bulletin waiting period. Once the application is approved and the visa issued, the child enters the US as a permanent resident. For context on how IR categories sit within family immigration, see Immediate Relative visas and the wider US family visa landscape.
1. What makes the IR-2 visa legally distinct
The IR-2 category sits within the immediate relative framework under the Immigration and Nationality Act. Immediate relatives are treated differently from other family-based applicants because US immigration law prioritises nuclear family unity involving US citizens.
Key legal features of the IR-2 visa include:
- no numerical limit on visas issued each year
- no points, skills or financial thresholds beyond sponsorship requirements
- no labour market or employment considerations
- direct eligibility for a Green Card on entry
This makes IR-2 one of the most secure and powerful family-based immigration routes, provided eligibility is correctly established. More broadly, IR-2 sits within the family-based Green Card system described in family-based Green Card guidance.
2. Who qualifies as a “child” for IR-2 purposes?
US immigration law applies a strict statutory definition of “child”. This definition is narrower than everyday or family-law usage and is the source of many failed applications.
For IR-2 purposes, a child may be:
- a biological child
- a stepchild
- an adopted child
However, each category carries specific legal conditions, including age limits at the time the relationship was formed, marital status requirements, custody and residency rules in adoption cases and legitimacy or legitimation requirements in some jurisdictions. If the relationship does not meet the statutory definition, the application will fail regardless of the family’s intent or circumstances.
3. How IR-2 differs from other family visas
IR-2 is often confused with F2A visas for children of permanent residents, IR-1 visas for spouses and adoption-based immigration routes.
The critical difference is that IR-2:
- requires the parent to be a US citizen, not a Green Card holder
- requires the child to remain unmarried and under 21
- provides immediate permanent residence, not conditional or temporary status
Choosing the wrong category, even unintentionally, can result in years of delay or permanent loss of eligibility. Immediate relatives are not subject to preference-category quotas or the Visa Bulletin process, which is a frequent source of confusion in family immigration planning.
Section A summary
The IR-2 visa is a direct, uncapped immigrant route for the unmarried child under 21 of a US citizen. While it appears straightforward, eligibility depends on a precise legal definition of parent–child relationships, not family intention or informal understanding. Most IR-2 problems begin at this classification stage.
Section B: Who is eligible for an IR-2 visa?
Eligibility for the IR-2 visa is governed by statute, not discretion. If the legal criteria are met, the visa should be granted. If any element is missing or incorrectly evidenced, the application can fail regardless of hardship, intent or family circumstance.
This section explains exactly what must be proven, where families most often misinterpret the rules and how eligibility is assessed in practice by USCIS and consular officers.
1. The US citizen parent requirement
Only a US citizen may sponsor a child for an IR-2 visa. Lawful permanent residents cannot use this category, even if the child otherwise meets all requirements. If the sponsoring parent is a Green Card holder rather than a US citizen, the case may fall within different family-based categories and will not qualify as an immediate relative IR-2 case. For an overview of status categories, see Lawful Permanent Resident and family-based Green Card guidance.
Citizenship must be established through acceptable evidence such as a US passport, a naturalisation certificate or a certificate of citizenship. If the sponsoring parent becomes a US citizen after filing a petition as a permanent resident, the case may be upgraded to IR-2, but the authorities must be notified so the case is processed under the correct classification.
2. The child’s age and marital status
To qualify for IR-2, the child must be under 21 years old and unmarried. Both requirements are strict.
Marriage at any point before admission to the United States disqualifies the child from IR-2, even if the marriage later ends. There is no waiver or discretion available.
Age, however, may be subject to limited statutory protection under the Child Status Protection Act (CSPA), which can freeze the child’s age in certain circumstances. CSPA protection is not presumed by USCIS or consular officers. It must be satisfied under the statutory test and supported by the case record. Families should treat age protection as a legal calculation issue, not an assumption.
It is also important to understand that some immediate relative children are issued visas that lead to conditional residence in certain circumstances, such as where eligibility arises through a recent marriage. That distinction is outside the core IR-2 definition, but it is one reason families should not assume all immediate relative child categories operate identically.
3. How the Child Status Protection Act applies
CSPA does not automatically protect every child. It applies only if specific conditions are met and calculations are correctly made.
In IR-2 cases, CSPA may protect a child who was under 21 at the time Form I-130 was filed, remained unmarried and sought to acquire permanent residence within the required time period after visa availability and case progression. In practice, families should treat every delay, document request and response deadline as potentially relevant to age-out risk. Where timing is tight, early filing and disciplined case management is essential. For general petition context, see I-130 and Form I-130 resources.
4. Biological children
Biological children qualify where a legally recognised parent–child relationship exists. This is usually straightforward but can become complex where parents were never married, the child was born abroad or the father-child relationship requires legitimation under local law.
Evidence must demonstrate both biological relationship and legal recognition, not merely a genetic connection.
5. Stepchildren
Stepchildren qualify for IR-2 only if the marriage creating the step-relationship occurred before the child turned 18 and the marriage is legally valid.
Divorce or death of the biological parent after the marriage does not necessarily invalidate the relationship, but evidence must clearly establish the timeline.
Late marriages, informal unions or post-18 step-relationships cannot be cured and will result in refusal.
6. Adopted children
Adopted children are subject to the most technical rules.
To qualify under IR-2, the adoption must generally show:
- final adoption before the child turned 16 (or 18 in limited sibling cases)
- at least two years of legal custody
- at least two years of joint residence with the adopting parent
Where these requirements are not met, the child may need to qualify under orphan or Hague adoption routes instead. Attempting to force an IR-2 application in these cases is a common and costly error.
Section B summary
IR-2 eligibility depends on strict legal definitions, not family intention or fairness. Age, marital status, citizenship and relationship timing are decisive. Most refusals arise because families assume eligibility without testing their facts against the statutory rules. Once a child ages out or marries, eligibility is usually lost for this category.
Section C: How do you apply for an IR-2 visa?
The IR-2 application process is structured, sequential and unforgiving of errors. While the route is not discretionary, delays and refusals frequently arise because of incomplete petitions, incorrect document sequencing or misunderstanding how the different immigration authorities interact.
This section explains how the IR-2 process works in practice from start to finish, and where families most often lose months or years unnecessarily.
1. Filing Form I-130 with USCIS
The process begins with Form I-130, Petition for Alien Relative, filed by the US citizen parent with USCIS. This petition establishes the legal foundation of the IR-2 application.
The purpose of the I-130 is not to assess hardship or family circumstances. It is to confirm three specific elements: the sponsor’s US citizenship, the qualifying parent–child relationship and the child’s correct classification as an immediate relative under US immigration law. Further context on this stage can be found in the I-130 petition process.
Supporting evidence typically includes proof of US citizenship, the child’s birth certificate or adoption decree, marriage certificates or custody documents where relevant and documentation addressing legitimation or step-relationship timing.
Errors at this stage are the most common source of downstream refusal. USCIS approval of an I-130 does not guarantee visa issuance. Consular officers retain independent authority to reassess eligibility at interview.
2. USCIS approval and transfer to the National Visa Center
Once USCIS approves the I-130, the case is transferred to the National Visa Center (NVC). The NVC does not decide eligibility. Its role is to collect fees, review documentation and prepare the case for consular processing.
At this stage, the applicant must pay immigrant visa processing fees, submit civil documents, complete the DS-260 immigrant visa application and provide financial sponsorship evidence. Cases are not scheduled for interview until they are marked as documentarily complete.
Document rejection at the NVC stage is common and often repetitive. Formatting errors, missing translations or expired documents can restart review cycles and significantly extend timelines.
3. Financial sponsorship and Form I-864
Although IR-2 is a family-based route, financial sponsorship is mandatory. The US citizen parent must submit Form I-864, Affidavit of Support, demonstrating sufficient income or assets to meet statutory requirements.
Where the sponsoring parent does not meet the income threshold, a joint sponsor may be used. Failure to structure financial sponsorship correctly can delay or block visa issuance even where the family relationship is undisputed.
4. Consular processing and interview
Once the case is documentarily complete, the NVC schedules an interview at the appropriate US embassy or consulate.
The interview focuses on confirming the parent–child relationship, reviewing civil documentation and identifying any inadmissibility issues. The child must also complete a medical examination and required vaccinations, along with police certificates where age-appropriate.
Consular officers may refuse the visa temporarily under INA §221(g) for administrative processing. This does not always indicate a substantive problem, but it can significantly delay issuance.
5. Visa issuance and entry to the United States
Once approved, the IR-2 visa is placed in the child’s passport. The visa is time-limited and must be used before it expires.
On entry to the United States, the child is admitted as a lawful permanent resident. Permanent residence status begins immediately on admission. Failure to enter before visa expiry generally requires restarting the process from the beginning.
Section C summary
The IR-2 process is linear but fragile. Mistakes made at the petition or document stage often surface only at the consular interview, when correction is difficult or impossible. Correct classification, disciplined document control and realistic timeline management are essential.
Section D: How long does the IR-2 visa take?
Although the IR-2 visa falls within the immediate relative category and is not subject to annual numerical limits, processing times vary significantly in practice. Families often assume that “immediate relative” means fast. In reality, IR-2 timelines are shaped by agency workload, document accuracy and consular capacity.
This section explains how long IR-2 applications typically take, why delays occur and how families should manage timing risk, particularly where a child is approaching age 21.
1. Typical IR-2 processing timelines
An IR-2 application generally progresses through three distinct phases: USCIS processing of Form I-130, National Visa Center document review and consular interview scheduling.
In practice, total processing time can range from several months to over a year. Timelines depend on the USCIS service centre handling the petition, the completeness of the submitted documents, the speed of NVC review and the availability of interview appointments at the relevant US embassy or consulate.
There is no statutory deadline requiring completion within a fixed timeframe, even for immediate relatives.
2. Common causes of delay
IR-2 cases are most often delayed because of avoidable procedural issues rather than substantive ineligibility.
Common delay triggers include:
- incomplete or inconsistent relationship documentation
- errors or omissions in Form I-864 financial sponsorship evidence
- rejected or expired civil documents at the NVC stage
- medical examination or vaccination timing problems
- embassy backlogs or reduced interview capacity
Delays are frequently cumulative. A single rejected document can add several months to overall processing time.
3. Age-out risk and timing pressure
For children approaching age 21, processing delays carry serious legal consequences. If a child ages out without effective protection under the Child Status Protection Act, IR-2 eligibility is lost permanently.
CSPA protection is not automatic and depends on statutory calculations and procedural steps. Families must ensure early filing, prompt responses to agency requests and timely action once the case becomes eligible to move forward.
Where age-out risk exists, IR-2 timing should be treated as a legal risk management issue rather than an administrative estimate.
4. Expedited processing requests
Expedited processing may be available in limited circumstances, such as urgent medical needs, humanitarian considerations or compelling US government interests.
Expedite requests are discretionary and inconsistently granted. They are more likely to succeed where the underlying case is complete, accurately classified and free from avoidable errors.
Section D summary
IR-2 visas are not subject to quotas, but they are not fast by default. Processing times vary widely, and delays can permanently affect eligibility where a child is nearing age 21. Early, accurate filing and disciplined case management are critical.
Section E: What happens after the IR-2 visa is approved?
Approval of an IR-2 visa does not merely grant permission to travel. It confers lawful permanent resident status on the child upon entry to the United States. Understanding what this status allows, and the obligations that come with it, is essential to protecting the child’s long-term immigration position.
This section explains what happens from the moment the child enters the US and how permanent residence operates in practice.
1. Entry to the United States and lawful permanent residence
Once the IR-2 visa is issued, the child must enter the United States before the visa expires.
On admission at the port of entry, the child is admitted as a lawful permanent resident. Permanent residence status begins immediately upon admission. There is no additional approval step after arrival, and no separate application is required to activate status.
The immigrant visa placed in the passport serves as temporary evidence of permanent residence until the physical Green Card is issued.
2. Green Card production and delivery
After entry, US authorities automatically produce the child’s Permanent Resident Card, commonly referred to as the Green Card.
The card is mailed to the US address provided during the visa process. Production typically takes several weeks. Failure to pay the required immigrant fee before travel can delay card issuance, even though permanent residence has already been granted.
Until the Green Card arrives, the endorsed immigrant visa stamp in the passport functions as temporary proof of lawful permanent resident status.
3. Social Security number issuance
In most cases, the child will be issued a Social Security number automatically if this was requested during the immigrant visa application.
If an SSN is not issued automatically, the child may apply in person at a Social Security office after arrival. Proof of permanent residence and identity will be required.
A Social Security number is essential for accessing education, healthcare services and, later, lawful employment.
4. Right to work and study
As a lawful permanent resident, an IR-2 beneficiary may live, study and work in the United States without restriction.
No employment authorisation document is required. There is no link between permanent residence and any specific employer, educational institution or activity.
5. Travel and residence obligations
Lawful permanent residence carries ongoing residence obligations. Extended or repeated periods outside the United States can raise questions about abandonment of residence.
This risk can arise even during childhood if the child continues to live primarily outside the US. Families should plan residence and travel carefully to preserve permanent resident status.
6. Path to US citizenship
Children admitted as lawful permanent residents may later qualify for US citizenship, either automatically in certain circumstances or through naturalisation after meeting residence and physical presence requirements.
Failure to maintain permanent residence or prolonged absence from the United States can disrupt or delay the pathway to citizenship.
Section E summary
An approved IR-2 visa grants immediate lawful permanent residence on entry to the United States. The child gains the right to live, study and work in the US, but must comply with residence obligations to protect long-term immigration security and future citizenship eligibility.
Section F: Common IR-2 visa refusal and problem scenarios
Despite being a statutory immediate relative route, IR-2 visas are regularly delayed or refused. These outcomes are rarely driven by discretion or subjective judgment. In most cases, refusal or prolonged delay results from technical failures, misunderstood legal definitions or irreversible timing errors.
This section outlines the most common IR-2 problem scenarios and explains why they arise in practice.
1. Relationship evidence failures
The most frequent cause of IR-2 refusal is inadequate or inconsistent evidence of the qualifying parent–child relationship.
Problems commonly arise where:
- birth certificates contain discrepancies or late registrations
- parental names differ across civil records
- legitimation under local law is unclear or undocumented
- step-relationships were created after the child turned 18
- adoption requirements are only partially satisfied
Consular officers do not infer family relationships. If the evidence does not clearly satisfy the statutory definition of “child” under US immigration law, the visa will be refused regardless of intent or family circumstances.
2. Incorrect visa classification
IR-2 applications are sometimes filed where the underlying facts align more closely with other immigration routes, such as family preference categories or adoption-based processes.
Common classification errors include:
- filing IR-2 where the sponsoring parent is a permanent resident rather than a US citizen
- using IR-2 where adoption requirements are not met
- confusing IR-2 with other immediate relative child categories
Incorrect classification can lead to refusal even where the family relationship itself is genuine. In age-sensitive cases, misclassification can permanently eliminate eligibility.
3. Age-out and Child Status Protection Act errors
Age-out is one of the most severe and irreversible IR-2 risks.
Common mistakes include:
- filing the I-130 too late to secure CSPA protection
- misunderstanding how CSPA age is calculated
- failing to take required steps to seek permanent residence within statutory timeframes
Once a child ages out without valid CSPA protection, IR-2 eligibility is permanently lost. There is no hardship or discretionary waiver available.
4. Administrative processing under INA §221(g)
Some IR-2 cases are delayed through administrative processing following the consular interview.
Triggers may include:
- security or name-check matches
- prior immigration history issues
- additional document verification requirements
- country-specific screening protocols
Administrative processing can last weeks or months and is not subject to formal appeal. While not a refusal, it can significantly disrupt family planning and travel arrangements.
5. Failure to use the visa correctly
Even after approval, IR-2 cases can fail if the visa is not used properly.
Common post-approval failures include:
- allowing the visa to expire before entry
- failing to enter the United States within the validity period
- non-payment of required immigrant fees
In many of these scenarios, the application process must be restarted from the beginning.
Section F summary
Most IR-2 refusals and failures are avoidable. They result from misunderstanding statutory definitions, mismanaging timing or assuming that family intention can override technical legal requirements. Once eligibility is lost, it is usually lost permanently.
FAQs: IR-2 Visa USA
1. Is the IR-2 visa the same as a Green Card?
The IR-2 visa is an immigrant visa. It becomes lawful permanent resident status automatically when the child enters the United States. The Green Card is the physical document issued after entry as evidence of that status.
2. Can an IR-2 child work in the United States?
Yes. Once admitted as a lawful permanent resident, the child may work in the United States without an employment authorisation document. No sponsorship or additional permission is required.
3. Can a stepchild qualify for an IR-2 visa?
Yes, but only if the marriage creating the step-relationship occurred before the child turned 18 and the marriage is legally valid. Step-relationships formed after age 18 do not qualify and cannot be cured.
4. What happens if my child turns 21 during the process?
The Child Status Protection Act may protect the child’s age in limited circumstances. Protection is not automatic and depends on statutory calculations and procedural steps. If the child ages out without CSPA protection, IR-2 eligibility is permanently lost.
5. Does marriage automatically disqualify a child?
Yes. Marriage at any point before admission to the United States permanently disqualifies the child from the IR-2 category, even if the marriage later ends.
Conclusion: Is the IR-2 visa the right route for your child?
The IR-2 visa is one of the most direct and secure immigration routes available under US law for the unmarried child under 21 of a US citizen. It offers a clear path to lawful permanent residence without quotas or discretionary assessment, but only where statutory requirements are met precisely.
Most IR-2 problems arise not from ineligibility, but from misunderstanding how US immigration law defines family relationships, age limits and procedural timing. Errors made at the outset often surface too late to correct. Families considering IR-2 should treat the process as a legal classification and risk management exercise rather than a form-filing task.
Glossary
| Term | Meaning |
|---|---|
| IR-2 Visa | Immigrant visa for unmarried children under 21 of US citizens |
| Immediate Relative | Family immigration category exempt from annual visa caps |
| Lawful Permanent Resident | A person authorised to live and work permanently in the United States |
| CSPA | Child Status Protection Act |
| USCIS | US Citizenship and Immigration Services |
| NVC | National Visa Center |
Useful Links
| Resource | Description |
|---|---|
| USCIS Family Immigration | Official overview of family-based immigration categories |
| USCIS Policy Manual – Immediate Relatives | Authoritative interpretation of IR categories |
| Department of State – Immigrant Visas | Consular processing rules and procedures |
| Form I-130 | Petition for Alien Relative guidance and instructions |
