Family Coming With You

Your Child/Children

Your child/children can immigrate with you as long as the child is unmarried and under 21 years of age.You must have listed him or her on your Entry Form.

A child that is married cannot immigrate with you even if he/she is still under 21.
A child that was married but is widowed, divorced, or had the marriage annulled, counts as unmarried.
An unmarried child must stay unmarried until the immigration procedure is finalized.
A child that was married, had a child and after the birth had the marriage annulled/divorced or lost the spouse through death, counts as unmarried and is eligible. However the child born to him or her is not eligible for Derivative Status and cannot come to the U.S. with its parent.

Age Out

The unmarried child must still be under 21 when the Visa Number becomes available.
At 21 a child ‘ages out’. Aging Out means the loss of Derivative immigration rights based on the rights of a parent.
The Child Status Protection Act (CSPA) protects some children from ‘aging out’ in certain circumstances.

Child Just Born

1. A child born after you entered the DV-program.
Can immigrate with you and will get his or her own visa. Give the child’s information when you submit your DS-260 Visa Application and submit his/her DS-260 application too.

2. A child born after your DV Entry was selected.
Can immigrate with you and will get his or her own visa. Give the child’s information when you submit your DS-260 Visa Application and submit his/her DS-260 application too.

3. A child born after you submitted your DS-260 Visa Application.
Can be added by ‘unlocking’ the application form. After the revised form is accepted you can submit child’s DS-260 application too.

4. A child born after your Visa Interview is already scheduled.
Inform the Embassy or Consulate where you have the appointment of child’s birth.
Ask for instructions and follow them to the letter.

5. A child born after your visa is issued but before you leave for the U.S.
Can accompany you without a visa. You and the child must travel to the U.S within the period of validity of your visa. You must bring the child’s long-form Birth Certificate – with two copies of it – to present to a U.S. Immigration Officer in the first place where you arrive (Port of Entry). Also bring two photos of your child made according to DOS requirements.

6. A child born after you activated your visa but departed the U.S. to give birth abroad.
There is a special process in place for this situation. The child must be under two years old and accompanied by at least one parent when it enters the U.S. for the first time. Documentation proving relationship to the parent must be submitted at Port of Entry, also child’s birth certificate with two copies. Bring two photos of your child made according to DOS requirements.

All children even just-born babies need a passport.

Child Categories

For immigration purposes your child must be either:

  • Born ‘in wedlock’ during your current marriage.
  • Born ‘out of wedlock’ during a current relationship.
  • Born ‘in wedlock’ during a previous marriage.
  • Born ‘out of wedlock’ during a previous relationship. The child must be legally recognized as yours according to the laws of your country.
  • A stepchild from your current or from a previous marriage.
  • Be legally adopted by you in accordance with the laws of your country. The adoption must have taken place before the child turned 16 and he/she must have been living with you in legal custody for at least two years on the day you entered the Visa Lottery.
    If you adopted siblings the adoption of the oldest child must have taken place before that child turned 18 years of age.

You can NOT adopt a child for immigration purposes.

To bring a child from a previous marriage or relationship you must have the consent from the other parent. Unless the original Custody Agreement already allows you to immigrate with the child.
In most countries the father or the mother of a child has rights even when estranged from you and/or the child.

In case of any issues consult an immigration attorney and/or a family lawyer.

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