Who is Considered to be a “Child” in the Immigration Process?

The age and marital status of your children are important factors in the immigration process. For immigration purposes, a “child” is defined as being unmarried and under 21, whereas a “son” or “daughter” is defined as being married and/or 21 or over.

For immigration purposes, a child can be any of the following:

A biological child born in wedlock
A biological child born out of wedlock:

If the mother is petitioning, no legitimation is required. If the father is petitioning, legitimation is required in accordance with the laws of the father or child’s place of