Who Qualifies as a ‘Child’ for Family-Based Immigration Purposes?

This is a question that comes up often as the immigration laws view children differently across various contexts.

In family based green card applications a child of a U.S. Citizen is eligible to file for a green card as an ‘immediate relative’ which saves years of potential waiting time. A child, in this context, is defined by the Immigration and Nationality Act as being under the age of 21 and unmarried.

Therefore, even if your son or daughter is under 21 years of age but is married, and in reality they are your children, the immigration system will not view your son or daughter as a ‘child’ for ‘immediate relative’ green card filing purposes.

Article categories: Family Based Green Cards, Fiancé/Marriage/ Family

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