Definition of a Child
The immigration law defines a “child” as an unmarried
person under the age of 21 (a minor) who is
- A child born to parents
who are married to each other (born in wedlock)
- A stepchild
if the marriage creating the step relationship took place before
the child reached the age of 18
- A child born out of wedlock
(the parents were not married at the time the child was born).
Note: If the father is filing
the petition,
proof of a bona fide (real and established) relationship
with the father must be supplied.
- An adopted child if the
child was adopted before the age of 16 and has lived with the
adoptive parent(s) in their
legal custody
for
at least two years
- An orphan under the age of 16 when
an adoptive or prospective adoptive parent files a visa petition
on his or her behalf,
who has been
adopted abroad by a U.S. citizen or is coming to the
U.S. for adoption by
a U.S. citizen, or
- A child adopted who is under the
age of 18 and the natural sibling of an orphan or adopted child
under
the age of
16, if adopted with
or after the sibling. The child must also otherwise
fit the definition of orphan or adopted child
Definition of a Son or Daughter
The immigration law defines a “son or daughter” as a
person who was once a “child” but who is now either
married or over the age of 21.
Overview of Immigration Process
A legal immigrant (or “lawful permanent resident”)
is a foreign national who has been granted the privilege of living
and working permanently in the United States. There is a three-step
process for your child or son or daughter to become a legal immigrant.
- You
must obtain USCIS approval of an immigrant visa petition
that you file for your child, son or daughter.
- The State Department
must then give your son or daughter an immigrant
visa number, even if he or she is already in the United States.
If you are a U.S. citizen and the child is both under 21
years of age and unmarried, a visa number is not required.
- If
your child or son or daughter is outside the United States,
he or she will be notified to go to the local U.S. consulate
to complete the processing for an immigrant visa when one
becomes available. If your child or son or daughter is
legally in the
U.S.
when an immigrant visa number becomes available (or if
one is not required), he or she may apply to adjust status to
that of
a lawful
permanent resident using the Form I-485.
- Need Help? Call us at -
California (916)-669-0649
Florida (239)-643-5529
Who is Eligible to Be a Sponsor?
A U.S. citizen may petition for:
- A child (unmarried and under 21 years of age)
- An unmarried
son or daughter (over 21 years of age)
- A married son
or daughter of any age
A U.S. citizen’s unmarried,
minor child is considered an immediate relative, does not need
a visa number, and is eligible
to receive an immigrant visa immediately. Otherwise, sons and daughters
of U.S. citizens will be eligible for a visa when their priority
date is listed on the Department
of State’s Visa Bulletin . If your unmarried, minor child was admitted or paroled into the
U.S., he or she may file the Form I-485, Application to Register
for Permanent Residence or Adjust Status, at the time you file
your Form I-130, Petition for Alien Relative.
A lawful permanent resident may petition for:
- A child (unmarried and under 21 years of age)
- An unmarried
son or daughter (over 21 years of age)
A lawful permanent
resident may not petition for a married son or daughter. If you had children before you became a permanent resident and
you did not immigrate as an immediate relative of a U.S. citizen,
your unmarried, minor children may be eligible to receive following-to-join
benefits. This means that you do not have to submit a separate
USCIS Form I-130 (Petition for Alien Relative) for your children,
and your children will not have to wait any extra time for a visa
number to become available.
|
