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What to Know About the Rights of Children in the Immigration Process

Mar 06, 2024

Immigration law is a complicated field and a crucial one as it can affect the lives of people for generations to come. According to the Migration Policy Institute, as of 2022, immigrants and their U.S.-born children make up approximately 87.7 million people, or close to 27% of the U.S. population. Individuals need to understand that immigration laws apply differently to children than they do to adults. Let's learn more about children's immigration facts and rights.

Can Immigrants Bring Children?

A U.S. citizen or a green card holder can sponsor any unmarried child of any age to obtain permanent residency coming to the United States It's the intent of the United States immigration policies to keep families together, and this applies especially to parents and children. Children often qualify for immigrant Visas or United States permanent resident status through their parents. An immigration firm can help you with the process of applying for a visa.



Who Qualifies as a Child Under Immigration Law?

Immigration laws separate children into different categories depending on certain criteria – marital status and age. A child is usually defined as an individual born to parents who are married to each other, born to parents not married to each other, a stepchild, or an adopted child.


For the intent of visa purposes, a person must be under 21 years old to be considered a child, according to our team. However, some special circumstances may apply. After a child turns 21, immigration law would refer to the child as an adult son or daughter. Adult sons and daughters can qualify for visas, but they will not receive the same favored treatment as a child.



What Documents Are Needed?

It's necessary to provide documents and materials to the U.S. Citizen and Immigration Services. The required documentation depends on who is petitioning to bring the child to the U.S. Some of the commonly required documents would include the birth certificate of parents, birth certificate of children, United States passport, Naturalization or Citizenship papers, legal evidence of name changes, and any custody decrees that might apply. If you have other questions concerning children and immigration laws, you should speak with a lawyer at an immigration firm for more help.

When Can My Child Come to the United States?

Children are given favored status and treatment under U.S. immigration laws. According to the U.S. Citizenship and Immigration Services, if the child is under 21, they will not be placed on a green card waiting list. They will also not be subjected to the number of green cards issued to their country. They will come immediately with you.


These are just a few facts about children and immigration in the United States If you're trying to immigrate to the United States or help your child immigrate, please contact the Law Office of Brian T. Richards today. Our immigration firm is here to help you with your legal needs.

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