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 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 adopting parents and have been in their legal custody for at least two years.
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.