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In family immigration, what constitutes a child?

On Behalf of | Nov 15, 2019 | family immigration

Immigration law can be complicated and may present roadblocks to those who seek residence status in Kentucky. If you are a parent and you choose to bring your son or daughter to live with you in the United States, you can seek to make your child a permanent resident. If you are familiar with immigration law, you may recognize that the law uses child as well as son or daughter. What is the difference?

A person over the age of 21 is a son or daughter, according to the U.S. Citizenship and Immigration Services. A child, on the other hand, refers to those who are under 21 years of age and unmarried. If your son or daughter has a husband or wife, but is still under 21, he or she is not a child.

To bring a child as your own child, he or she has to meet certain requirements. These children may be genetic children born in or out of wedlock. When born out of wedlock, the mother does not have to legitimate the child and the process is the same. However, with fathers, they may have to legitimate their children.

Children born from ART to a non-genetic mother but recognized as your child under the law is legally a child under immigration law. You may also file for residence status for stepchildren as long as you had a relationship with said children before they turned 18. Adopted children must have gone through the adoption process before the age of 16 and must live with the parent for at least two years.

The above is not to be considered legal advice. It is for educational purposes only.