Who is a “child” when applying for Green Card

Published: February 1, 2022

The common understanding of a “child” differs from the legal concept established by American laws. Understanding what a “child” means under the law is crucial because it affects an individual’s rights and privileges, especially when it comes to immigration. Here is a simplified but comprehensive discussion on the matter:

Age Limit

For Green Card purposes, a “child” must be a person under twenty-one (21) years old. Upon turning 21, one becomes an adult, and at this stage, applicants will lose their favored status as “children.”

In many instances, even if they are eligible at the time of application, children can age out before receiving Green Cards. To resolve this issue, Congress passed the Child Status Protection Act (CSPA). Through CSPA, children aged out of 21 will be considered “immediate relatives” and still maintain a preferential treatment for Green Card processing. However, they must comply with the documentary requirements set by law.

Married Status

In addition to the age limit, a “child” must remain unmarried. Even if below 21 years old, married individuals will lose their favored status as “children.” Consequently, they may wait for a more extended period to receive their Green Cards. For immigration purposes, it is best for them to get married after receiving Green Cards.

“Child” According to Immigration Laws

Besides being under 21 years old and unmarried, a “child” can be either of the following:

• born in wedlock to a Green Card holder parent

• legitimated child of a Green Card holder who is under 18 and in the legal custody of the legitimating parent or parents at the time of legitimation

• stepchild of a Green Card holder

• orphan adopted while under the age of 16 if he or she has been in the legal custody of, and has resided with, the adopting parent or parents for at least two years.

• orphan adopted in a foreign state that is a party to the “Hague Convention” on adoption, or who is emigrating from such a foreign state to be adopted in the U.S., can become an adopted “child” under certain circumstances if they are under the age of 16 at the time the adopting parent or parents file an immigrant visa petition for them as an “immediate relative.”

• child born out of wedlock to a Green Card holder

Reunite with Your Children

There are different ways to immigrate with your children. For reliable legal services and immigration assistance, partner with ALG Lawyers. Our Los Angeles immigration lawyers team has helped many families reunite in the United States. We are excited to do the same to you and your loved ones.