US Immigration: Family based immigration for children above 21 years and or married children

US Immigration: Family-based immigration for children above 21 years and or married children

The age and marital status of children are important factors in the US immigration process. For immigration purposes, a “child” is an unmarried person under 21 years of age. A “son” or “daughter” is a person who is married or is 21 years of age or older.

Both US Citizens and Permanent Residents can petition for their unmarried children under 21 years of age and unmarried sons or daughters over 21, however, only US Citizens can petition for their married children of whatever age.

Who is eligible?

  • A genetic child born in wedlock
  • A genetic child born out of wedlock:
  • A child born through Assisted Reproductive Technology (ART) to a non-genetic gestational mother who is recognized under the law of the relevant jurisdiction as the child’s legal parent at the time of the child’s birth.
  • A step-child, as long as the marriage creating the step-relationship occurred before the child turned 18
  • An adopted child

Filing requirement

USCIS Form I-485, Application to Register Permanent Residence or Adjust Status,

USCIS Form I-130 Petition for Alien Relative

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