§ 9.3 Forms of Immigration Relief Related to Parents

• Library: Rights of Foreign Nationals (OSBar) (2020 Ed.)

§ 9.3 FORMS OF IMMIGRATION RELIEF RELATED TO PARENTS

§ 9.3-1 Definition of a Child in Immigration Law

The definition of a child under immigration law is complex, and age-related deadlines vary among forms of eligibility. Whether or not someone is considered a "child" of their parent will affect the child's immigration options. The INA defines a child in different ways, depending on whether the child was born in or out of wedlock, legitimated, a stepchild, or adopted.

The term "child" means an unmarried person under twenty-one years of age who is—
(A) a child born in wedlock;
(B) a stepchild, whether or not born out of wedlock, provided the child had not reached the age of eighteen years at the time the marriage creating the status of stepchild occurred;
(C) a [legitimated] child . . . ;
(D) a child born out of wedlock, by, through whom, or on whose behalf a status, privilege, or benefit is sought by virtue of the relationship of the child to its natural mother or to its natural father if the father has or had a bona

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