Official Website of the United States 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