Ask the Consul
Who is considered a child for immigration purposes?
U.S. immigration law is very strict about the definition of a child. A child is defined as an unmarried person under 21years of age. If a person is attempting to qualify as a "child" for immigration purposes, he or she may not marry. Therefore it is important to remember that once a child marries, he or she is no longer considered a child and will disqualify him or her from certain visa categories, even if he or she or divorces.
A "son or daughter" is someone who at any time has met the definition of a child. Again, both marital status and age play a major role in determining a "child" versus "son" or "daughter", hence a child is an unmarried person under 21 years of age while a son/daughter is 21 years of age or older.
U.S. immigration law also strictly defines how one becomes a stepchild. The "stepchild" relationship commences as a result of the legal marriage of the child's biological parent to a spouse. It is important to note that the child must have been under the age of 18 when the marriage took place. In the case of a divorce or death of the biological parent, the stepchild may still qualify to immigrate as long as the stepchild/stepparent relationship continues to exist.
U.S. immigration law does not recognize informal parent/child relationships such as "hijo/a de crianza" relationships. It is important to bring all of the requested paperwork to your immigrant visa interview, including birth certificates, adoption decrees, marriage certificates and divorce certificates.