When should I apply for my children?
You should apply for your children to come to the United States as soon as possible. This is because the age of your child can affect the course of their immigration application.
If your child is unmarried and under the age of 21, they are technically considered “children” in the eyes of U.S. Citizenship and Immigration Services (USCIS).
If your child is married and/or over the age of 21, they are not technically considered “children” but instead placed in the “sons and daughters” category.
In both cases, you should file as soon as possible because immigration wait times are very long. Additionally, it is possible that your child meets the criteria for a “child” upon initial filing, but “ages out” of the category during the process. If this occurs, then they will move to the “sons and daughters” category and face a lengthier process.
Additionally, for immigration purposes, your child is defined as:
Your biological child, regardless of marriage to the child’s other parent
Your step-child, as long as they were under the age of 18 when you married their parent
Your adopted child, as long as they were under the age of 16 when you adopted them (additional requirements apply for demonstrating two years of legal custody and joint residence)
