Navigating the complexities of U.S. immigration can be challenging, especially when it comes to understanding who qualifies as a child for visa purposes it is not just biological children, but also adopted and stepchildren that can immigrate with their parents under certain conditions and this green card/visa guide explains who is eligible for this.
Family-Centric Approach
The foundation of U.S. immigration policy is to keep families together, emphasizing the unification of parents and their children. A child often qualifies for an immigrant visa or U.S. permanent resident status through their parents.
Age Limits
For visa purposes, authorities generally consider an individual a child if they are under 21 years old. After this age, they are classified as an adult son or daughter and do not receive the same preferential status as children. Because some visa applications can take years to process, a child may turn 21 before their visa is approved. The Child Status Protection Act (CSPA) helps mitigate this issue by allowing certain individuals over this age to still be eligible.
Marital Status: A Key Factor
A “child” must be unmarried to be eligible for a visa through a U.S. citizen or lawful permanent resident parent. While married kids of U.S. citizens can still qualify for a visa, they face longer wait times and do not have the same favorable status as unmarried children.
Legal Definitions of “Child” and “Parent”
U.S. immigration law includes various definitions of a “child,” covering more than just biological children born to married parents.
Children Born in Wedlock:
If the child’s parents were married at the time of their birth, the child is considered the child of both parents until they turn 21 or get married. This remains true even if the parents later divorce.
Children Born Out of Wedlock:
The mother automatically establishes a legally recognized relationship with her child at birth, regardless of marital status. However, the father only establishes a legally recognized relationship with the child if he has a genuine parent-child relationship, demonstrated through evidence such as financial support, custody, or emotional connection.
Stepchildren:
A stepchild is recognized if the natural parent married someone else before the child turned 18. The stepchild remains eligible even if the marriage ends, provided an ongoing relationship with the stepparent exists.
Legitimated Children:
Legitimation occurs when a child born out of wedlock is given legal recognition as the child of their father. This must happen before the child turns 18 and while in the legal custody of the father.
Adopted Children:
Children adopted before turning 16 (or 18 if they are siblings) qualify as children when they have lived with their adoptive parents and have been in their legal custody for at least two years.
Important Considerations
- Aging Out: A significant issue arises when a child turns 21 during the visa application process, which can complicate their eligibility. The Child Status Protection Act (CSPA) provides some relief in these cases, allowing certain individuals to retain their “child” status despite aging out during processing.
- Proof of Relationship: Documentation such as birth certificates, adoption papers, or evidence of a bona fide relationship may be required to establish eligibility.
What are the steps to sponsor a child for a green card?
To sponsor a child for a Green Card in the United States, you must follow a series of structured steps. The process varies slightly depending on whether the sponsoring parent is a U.S. citizen or a lawful permanent resident (Green Card holder). Here’s a detailed outline of the steps involved:
Steps to Sponsor a Child for a Green Card
1. Determine Eligibility
- Sponsorship: Only U.S. citizens and lawful permanent residents can sponsor a child.
- Child’s Status: The child must be unmarried and under 21 years old. If the child is over 21, they fall into different categories with longer wait times.
2. File Form I-130
- Petition for Alien Relative: The first formal step is to file Form I-130 with U.S. Citizenship and Immigration Services (USCIS). This form establishes the parent-child relationship.
- Required Documents:
- Proof of U.S. citizenship (e.g., birth certificate, naturalization certificate).
- Evidence of the parent-child relationship (e.g., birth certificate, adoption papers).
- Filing Fee: As of 2024, the fee for filing Form I-130 is $675 for paper submissions and $625 for online submissions.
3. Wait for Approval
- After submitting Form I-130, USCIS will process the application. If approved, they will send a notice confirming this.
- Processing times can vary; be prepared for potential Requests for Evidence (RFE) if additional information is needed 12.
4. Apply for an Immigrant Visa or Adjustment of Status
Depending on whether the child is in the U.S. or abroad:
- If Abroad:
- Once Form I-130 is approved, file Form DS-260 (immigrant visa application) with the National Visa Center (NVC).
- Pay the NVC processing fee of $325.
- Submit required documents including proof of nationality and financial support (Form I-864).
- If in the U.S.:
- The child may apply for Adjustment of Status by filing Form I-485 instead of going through consular processing.
5. Attend an Interview
- The child will need to attend an interview at a U.S. embassy or consulate if applying from abroad.
- Bring necessary documents such as:
- Passport
- Medical examination records
- Appointment letter from USCIS/NVC
- Supporting documents proving the relationship.
6. Receive Visa and Enter the U.S.
- If the interview is successful, the child will receive their visa.
- Upon entering the U.S., if under 18, they automatically acquire U.S. citizenship if residing with their parents; otherwise, they become permanent residents.
Going through the Immigration Process
For those seeking to sponsor a child for a U.S. visa, understanding these definitions is critical. Each type of parent-child relationship has specific requirements and processes. Considering the complexities, you should consult an experienced immigration attorney who can provide personalized guidance and ensure compliance with all immigration laws.
Understanding who qualifies as a “child” under U.S. immigration law is essential for families aiming to stay together in the United States. While this guide provides a comprehensive overview, the assistance of a legal professional can be invaluable in navigating the detailed and often complicated immigration process.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your Child’s travel to the US straightforward and successful. Whether you’re applying for a Family Preference Visa (F2A) or an Immediate Relative Visa (IR-2), we handle every step—from preparing your application to gathering the required documents.
Our immigration lawyer consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to travel to the US. Call us today at +234 812 5505 986 to learn how we can assist you.
