01
Stepchildren
A stepchild (whether or not born in wedlock) must have been under age 18 when the marriage creating the stepparent relationship took place. The section on K-1/K-3 children on USCIS’s CSPA page likewise notes that the marriage between the U.S. citizen stepparent and the child’s parent must occur before the child’s 18th birthday.
Sources for this section · 2
- U.S. Code (GovInfo 2024 edition) · 8 U.S.C. 1101(b)(1) – Definition of child Official update: not stated on page · Read by this site: 2026-10-10 UTC
- USCIS · Child Status Protection Act (CSPA) Official update: 2025-11-14 · Read by this site: 2026-10-10 UTC
02
Legitimated Children
A child legitimated under the law of the child’s or the father’s place of residence must have been legitimated before age 18 and must have been in the legal custody of the legitimating parent or parents at the time of legitimation.
Sources for this section · 1
- U.S. Code (GovInfo 2024 edition) · 8 U.S.C. 1101(b)(1) – Definition of child Official update: not stated on page · Read by this site: 2026-10-10 UTC
03
Children Born Out of Wedlock
For a child born out of wedlock applying through the biological mother, the qualifying relationship can be established directly; for a child applying through the biological father, evidence must establish that the father and child have or had a bona fide parent-child relationship.
Sources for this section · 1
- U.S. Code (GovInfo 2024 edition) · 8 U.S.C. 1101(b)(1) – Definition of child Official update: not stated on page · Read by this site: 2026-10-10 UTC
04
Application Under VAWA
The Policy Manual states that if the marriage creating the stepparent relationship is invalid because of the stepparent’s bigamy, the stepchild cannot self-petition on the basis of that relationship, but may be a derivative beneficiary of a biological or legal parent’s self-petition.
Sources for this section · 1
- USCIS Policy Manual · Vol. 3, Part D, Ch. 2 – Eligibility Requirements and Evidence Official update: 2026-10-02 · Read by this site: 2026-10-10 UTC
Frequently asked questions
My stepparent married my parent when I was 19. Do I qualify as a stepchild?
No. The marriage creating the stepparent relationship must have occurred before you turned 18.
Related category codes
Each code page shows its own review status; candidate content is not upgraded to reviewed because of this article.
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All official sources
- U.S. Code (GovInfo 2024 edition) · 8 U.S.C. 1101(b)(1) – Definition of childSupports: Children must be unmarried and under 21; for stepchildren, the marriage creating the relationship must have occurred before age 18; legitimation must occur before age 18 and while in the custody of the legitimating parent; a child born out of wedlock must have a bona fide parent-child relationship with the natural father; adoption must occur before age 16, with 2 years of legal custody and joint residence (the sibling exception extends the age limit to 18); definition of an orphan.Official update not stated · read 2026-10-10 UTC
- USCIS · Child Status Protection Act (CSPA)Supports: CSPA took effect on 2002-08-06; covered populations; an immediate relative’s age is frozen on the filing date; the formula for preference categories and Final Action Dates; “sought to acquire” within 1 year; F2A converts to IR upon naturalization, and beneficiaries whose F2B classification converts to F1 may opt out of conversion.Official update 2025-11-14 · read 2026-10-10 UTC
- USCIS Policy Manual · Vol. 3, Part D, Ch. 2 – Eligibility Requirements and EvidenceSupports: Eligibility elements: relationship, good-faith marriage, shared residence, good moral character (generally assessed over the preceding 3 years, presumed for those under age 14), and battery or extreme cruelty; “intended spouse” in cases of bigamy; children must be unmarried and under 21; parents must have been abused by a U.S. citizen son or daughter age 21 or older; derivative rules (parents cannot include derivatives); Section H: filing abroad additionally requires one of the following: the abuser is employed abroad by the U.S. government, is a member of the U.S. uniformed services stationed abroad, or the abuse occurred in the United States; after approval and when a visa number is available, an immigrant visa application may be filed; spouse/child self-petitioners may add eligible children (including those born after approval) at the immigrant visa or adjustment stage, without a new petition.Official update 2026-10-02 · read 2026-10-10 UTC