The INA provides two different definitions of “child.” One definition of child applies to immigration petitions and lawful permanent resident applications. The other definition of child applies to citizenship and naturalization.
One significant difference between the two definitions of child is that a stepchild is not included in the definition relating to citizenship and naturalization. Although a stepchild may be the stepparent’s “child” for purposes of visa issuance or adjustment of status, the stepchild is not the stepparent’s “child” for purposes of citizenship and naturalization. A stepchild is ineligible for citizenship or naturalization through their U.S. citizen stepparent unless the stepchild is adopted and the adoption meets certain requirements.
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Definition for Purposes of Immigration Petitions and Lawful Permanent Residence Applications
Generally, for purposes of immigration petitions and lawful permanent residence (Green Card) applications, a child is an unmarried person under 21 years of age who is:
- A child born in wedlock (that is, to parents who are married to each other);
- A child born through assisted reproductive technology 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, if the child was under 18 years of age at the time of the marriage creating the stepchild relationship;
- A legitimated child (a child born out of wedlock who has since been placed in the same legal position as a child born in wedlock);
- A child born out of wedlock, when a benefit is sought on the basis of the child’s relationship with their mother, or to their father if the father has (or had) a bona fide relationship with the child;
- A child adopted while under age 16 (or 18 if the sibling exception applies) who has jointly resided with and been in the legal custody of the adopting parent for at least two years (who meets the requirements of INA 101(b)(1)(E));
- An orphan who has been adopted abroad by a U.S. citizen or who is coming to the United States for adoption by a U.S. citizen (who meets the requirements of INA 101(b)(1)(F)); or
- A Hague Convention adoptee who has been adopted abroad by a U.S. citizen or who is coming to the United States for adoption by a U.S. citizen (who meets the requirements of INA 101(b)(1)(G)).
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Definition for Purposes of Citizenship and Naturalization
For the definition of a child for purposes of citizenship and naturalization, please refer to the USCIS Policy Manual, Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 2, Definition of Child and Residence for Citizenship and Naturalization, Section A, Definition of Child [12 USCIS-PM H.2(A)].
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