Who Qualifies

Who Qualifies

Derivative Immigrant Visa Consultant | Qualifications for Children of Same-Sex Spouses

Through a derivative visa petition, it is often possible for an American citizen to file a petition for his or her foreign spouse’s unmarried minor children.

Unmarried Stepchildren

A child becomes the stepchild if the child is unmarried and below 18 years of age at the time his biological parent marries someone other than the child’s other biological parent. When the biological parent is a Filipina who marries an American citizen, the child can become eligible for immigration benefits. This is because of the stepchild relationship that is created.

Documentation proving that the child is actually the child of the petitioned foreign national spouse is particularly important for the success of derivative petitions.

Legally Adopted Unmarried Children under 21 years of age

In such cases that an adopted child has no biological relationship to either spouse, the U.S. citizen can only petition the child for residency or citizenship in America if legal conditions involving the child’s age at the time of adoption, the child’s marital status, the child’s present age, legal custody, and physical custody are met.