In immigration, keeping families together is a fundamental principle, and the U.S. places emphasis on this, allowing natural-born, adopted, and stepchildren to immigrate through their parents under specific conditions. Understanding who qualifies as a child for visa and green card purposes is important, and this guide explains the legal definitions and eligibility criteria for family-based immigrant visas, also known as U.S. lawful permanent residence or green cards, based on the Immigration and Nationality Act and the United States Code.
Age Limits for Child Eligibility
Consequently, for visa purposes, immigration authorities recognize individuals under 21 years old as children and categorize those over 21 as adults, which determines their preferential status. Due to the lengthy nature of visa applications, some who qualify as children might age out before getting a visa. The Child Status Protection Act actively assists affected individuals, treating them as if they were still children for immigration purposes, thereby addressing this specific issue.
Marital Status and Child Eligibility
A U.S. citizen or lawful permanent resident parent can sponsor their unmarried child for a green card in the children’s category. Married sons and daughters of U.S. citizens can qualify for an immigrant visa but do not have the same favored status as children and often face longer waiting periods. It’s crucial for those awaiting a U.S. immigrant visa to understand the implications of marriage on their immigration status.
Eligible Relationships
USCIS recognizes several types of relationships that qualify a child for an immigrant visa or green card:
- Biological Children: Children born to U.S. citizen parents automatically qualify.
- Adopted Children: Legally adopted children are eligible if the adoption process was completed before they turned 16 years old.
- Stepchildren: A stepchild qualifies if the marriage that created the step-parent relationship occurred before the child turned 18.
- Children Born Out of Wedlock: A child born out of wedlock is considered a child of the mother automatically and can be recognized as a child of the father if there is a bona fide parent-child relationship established.
Immigration Process
For U.S. citizens and lawful permanent residents (green card holders) wishing to petition for their children:
- U.S. Citizens can file Form I-130 for their biological, adopted, or stepchildren without any waiting period, as these children fall under the “immediate relative” category.
- Green Card Holders can also petition for their unmarried children under 21, but these applications fall under family preference categories (F2A), which may involve longer wait times due to visa availability 3.
Required Documentation
- Birth Certificate: To establish the parent-child relationship.
- Passport: A valid passport for international travel.
- Medical Examination Records: Required as part of the immigration process.
- Affidavit of Support (Form I-864): To demonstrate financial support capability by the U.S. citizen or permanent resident parent.
Understanding these criteria is essential for navigating the immigration process effectively and ensuring that children can join their families in the United States.
Defining the Parent-Child Relationship
Here are the key relationships:
Children Born in Wedlock:
If the parents are married at the time of the child’s birth, the child is considered the “child” of both parents until they turn 21 or marry, even if the parents divorce later.
Children Born Out of Wedlock:
Automatically considered the child of the mother. To be recognized as the father’s child, there must be a bona fide parent-child relationship.
Stepchildren:
The new spouse gains a stepchild relationship with the natural parent’s child when they marry the natural parent before the child turns 18, thereby becoming the child’s stepparent. This status continues even if the marriage ends, as long as the relationship with the stepparent persists.
Legitimated Children:
An unmarried father can legitimize his child through legal processes, actively establishing his legal responsibility and parental rights. This must occur before the child turns 18 and while under the legitimating parent’s legal custody.
Adopted Children:
To qualify, adoption must occur before the child turns 16, and the child must have lived with and been under the legal custody of the adoptive parents for at least two years. Exceptions are made in cases of abuse or extreme cruelty.
Orphans and Hague Convention Adoptions:
The U.S. government allows the adoption of orphans under certain conditions, provided they are under 16 years old at the time of visa petition filing. Notably, for adoptions under the Hague Convention, the child must be under 16 at the time of filing, and they become the legal child of the adoptive parents, not the natural parents.
Seeking Legal Help
Navigating U.S. immigration law is complex. Experienced immigration attorneys offer personalized legal analysis and assistance with immigration paperwork and case monitoring, providing valuable expertise to those navigating the complex immigration process. For immigrant visa or green card guidance, refer to our article on “How to Find a Good Immigration Lawyer For Your Case.”
Understanding who qualifies as a “child” for visa and green card purposes is essential in the complex world of U.S. immigration. While this guide provides valuable insights, seeking legal advice is crucial to ensure the best possible outcome for you and your family.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the US straightforward and successful. Whether you’re applying for an F-2A Visa or an IR-2 Visa, 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 for their children to get a green card in the US. Call us today at +234 812 5505 986 to learn how we can assist you.
