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.
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 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.
