Official Website of the Department of Homeland Security Official Website of the Department of Homeland Security
Share This PageShare This Page PrintPrint

Child

Generally, an unmarried person under 21 years of age who is: a child born in wedlock; a child born through Assisted Reproductive Technology (ART) to a non-genetic gestational mother who is also the legal mother under the law of the relevant jurisdiction at the time of birth; a stepchild, provided that the child was under 18 years of age at the time that the marriage creating the stepchild relationship occurred; a legitimated child, provided that the child was legitimated while in the legal custody of the legitimating parent; a child born out of wedlock, when a benefit is sought on the basis of its relationship with its mother, or to its father if the father has or had a bona fide relationship with the child; a child adopted while under 16 years of age who has resided with the adopting parent for at least 2 years and has been in the legal custody of the adopting parent for at least 2 years ; or an orphan, under 16 years of age, who has been adopted abroad by a U.S. citizen or has an immediate-relative visa petition submitted in his/her behalf and is coming to the United States for adoption by a U.S. citizen.

Last Reviewed/Updated: 10/28/2014