What is a child?

A “child” is a person who is unmarried and under the age of 21. According to Section 101(b)(1) of the Immigration and Naturalization Act, there are six categories of children:

A) A child born in wedlock

B) A stepchild (provided the child had not reached the age of 18 years at the time the marriage creating the status of stepchild occurred)

C) A child legitimated under the law of the child’s or father’s residence, if such legitimization takes places before the child reaches 18 years and the child is in the legal custody of the legitimating parent(s) at the time of such legitimization

D) A child born out of wedlock based on the relationship of the child to his/her natural mother or natural father, if the father had or had a bona fide parent-child relationship with the child

E) A child adopted while under the age of 16 years if the child has been in the legal custody of, and has resided with, the adopting parent(s) for at least two years. The adoption must be legal and final according to the laws of the country in which the adoption took place.

F) A child under the age of 16 years who is an orphan at the time the petition is filed and who either has been adopted abroad or will be adopted in the United States by a U.S. citizen