U.S. citizen’s children under age 21 are considered immediate relatives. Stepchildren are eligible as immediate relatives if the marriage took place before the child turned 18 years old. Adopted children may qualify under certain circumstances.
Legislation known as the “Child Status Protection Act” (CSPA), allows for petitions pending as of August 6, 2002 or petitions filed after August 6, 2002 to lock the child’s “age” in at the time of filing the petition with USCIS. Therefore, even if a child turns 21 years of age before the application is approved by the USCIS, the child is still eligible to adjust their status under CSPA.
Visas are immediately made available with no waiting line for unmarried sons/daughters under the age of 21.
