Adopted Children, Stepchildren, and Legitimated Children Pursuing Green Cards
Under U.S. immigration rules, a child generally must be an unmarried foreign national who is under 21 years old. An adult child or a married child may be able to get a visa, but they will face a more complicated and protracted path to a green card than a standard child. The length of the process, even for young children, can mean that a child “ages out” of the status before they get their immigrant visa. This is because immigration rules require the child to meet the definition of a child throughout the application process all the way to visa approval. In some situations, though, the Child Status Protection Act can address this issue and allow children who have aged out to retain their priority status.
You may have noticed that the definition does not require a child to be a biological child or a child who was born to married parents. This is an overview of how children in various categories can qualify as a “child” for immigration purposes.
Biological Children
If the child’s parents were married when they were born, a biological child will meet the definition of a “child” until they turn 21 or get married. Their status will not be affected if their parents get divorced. If the child’s parents were not married when they were born, the child will meet the definition of a “child” with regard to their mother. They will meet the definition with regard to their father if they can establish a bona fide parent-child relationship with the father. This determination will depend on the facts of the case, but generally it will involve showing that the father supported the child and played some role in the child’s life.
Legitimated Children
Sometimes a father who was not married to a child’s mother will want to establish his rights to that child after their birth. This also involves assuming the legal obligation to care for the child. Legitimation will make the child fit the definition of a “child” if it occurs before the child turns 18 and while they remain in the custody of the legitimating parent. Legitimation must meet the legal requirements of the child’s residence or domicile or of the father’s residence or domicile. (It does not matter whether either the child or the father lives in the U.S.)
Stepchildren
A stepchild will be considered the “child” of their stepparent if their biological parent married the stepparent before the stepchild turned 18. They usually will not be considered the child of the stepparent if their biological parent divorces or separates from the stepparent, or if the biological parent or the stepparent dies. An exception applies if the stepchild can show that they have maintained a relationship with the stepparent after the divorce or separation.
A child born to a non-genetic gestational mother through assisted reproductive technology may be considered a “child” for immigration purposes if that mother is recognized under the law of the relevant jurisdiction as the child’s legal parent at the time of their birth.
Adopted Children
If a child was adopted when they were under 16, they will be considered a “child” for immigration purposes if the adopting parent or parents have held physical and legal custody of them for at least two years. The two-year rule does not apply if the child has been abused by an adopting parent or a family member of the parent who lives in the same household. If the adopting parent adopts two biological siblings, only one sibling must be under 16, while the other sibling must be under 18.
If an orphan is under 16 when the adopting parent or parents file the immigrant visa petition for them as an immediate relative, the orphan generally will be considered a “child” under immigration laws. The same rule about siblings applies in this situation.
Finally, a foreign national child may be considered a “child” if they were adopted in a foreign nation that signed the Hague Convention or if they are coming to the U.S. from a signatory nation. They must be under the age of 16 when the adopting parent or parents file the immigrant visa petition for them as an immediate relative.
Immigration Law Center Contents
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Immigration Law Center
- Green Cards and Lawful Permanent Residence in the U.S.
- Becoming a U.S. Citizen Under Naturalization Law
- Immigrant Visas Leading to Lawful Permanent Residence in the U.S.
- Non-Immigrant Visas Providing a Legal Basis for Temporary Residence in the U.S.
- Work Visas Allowing Foreign Nationals to Legally Enter the U.S.
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Family Immigration Options Under the Law
- How Spouses and Fiances Can Legally Qualify for Visas and Green Cards
- How Children of Visa Applicants Legally Qualify for Derivative Status
- When Foreign Nationals Are Legally Protected Against Aging Out of Child Status During Immigration Waiting Periods
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Adopted Children, Stepchildren, and Legitimated Children Pursuing Green Cards
- Half-Siblings and Step-Siblings Pursuing Green Cards
- Proving Legal Domicile in the U.S. on an Affidavit of Support in a Family Green Card Application
- Why a Foreign National Spouse Is Legally Entitled to Support After Divorce
- Concurrently Filing a Family Immigration Petition and Green Card Application Under the Law
- How to Legally Add Children to Approved Family Immigration Petitions for Foreign National Parents
- How a Family Green Card Applicant Can Legally Enter the U.S. When Their Sponsor Dies Before Visa Approval
- How to Legally Withdraw Sponsorship of a Family Green Card Application
- When Crimes Against Children Can Legally Disqualify You From Sponsoring a Family Green Card Application
- Steps in Applying for Family Visas
- Investor Visas Providing Legal Status in the U.S.
- Visitor Visas Allowing Foreign Nationals to Legally Enter the U.S.
- Student Visas Allowing Foreign Nationals to Legally Enter the U.S.
- Denials of Visas or Green Cards & Your Legal Options
- Consular Interviews When Seeking a Visa or Green Card
- VAWA Petitions for Foreign Nationals Affected by Domestic Violence & Seeking Legal Status in the U.S.
- How Children of Foreign Nationals Affected by Domestic Violence Can Legally Obtain Immigration Status
- Work Authorization for Foreign Nationals Without Green Cards
- How Foreign Nationals Unable to Return Home Safely May Legally Qualify for Temporary Protected Status
- Asylum for Foreign National Refugees
- Humanitarian Parole for Foreign Nationals With Compelling Needs
- Advance Parole for Foreign Nationals Living in the U.S. Without Green Cards
- Deferred Action for Childhood Arrivals (DACA) and Temporary Legal Protections From Deportation
- Visa Waiver Program for Brief Visits to the U.S. Without Formal Legal Status
- Grounds for Finding a Foreign National Legally Inadmissible to the U.S.
- How the Deportation Legal Process Works
- Appeals of Immigration Decisions Through the Legal Process
- LGBTQ+ Individuals Facing Immigration Legal Issues
- Inspections of Foreign Nationals Seeking to Legally Enter the U.S.
- Unlawful Presence in the U.S. & Legal Penalties
- Tax Law Issues for Visa or Green Card Holders
- Waivers of Legal Inadmissibility to the U.S.
- How a Criminal Record Legally Affects Immigration Status
- How Social Media Use Can Affect Legal Admissibility to the U.S.
- Immigration Law FAQs
- Immigration Legal Forms
- Find an Immigration Law Lawyer
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