I am a U.S. citizen. One of my son was born to unmarried parents, can I apply for his Green Card?
If the petitioning spouse is a U.S. citizen and the unmarried children
under 21 are his or her biological children, or are legal
stepchildren because you and your spouse married when they were
under age 18, they qualify for green cards as the U.S. petitioner's
Immediate relatives are given high priority under the immigration laws,
with no annual limits to slow their receipt of a green card. But they
each need separate visa petitions filed on their behalf, using USCIS
Some of the visa
possibilities for children of the immigrant depend on a biological
parent-child relationship between the new U.S. citizen or permanent
resident spouse and the children. Thus, immigration law recognizes
certain nonbiological parent-child relationships, and includes them as
“children.” For children born to unmarried parents,
1) If the petitioner is the child’s mother, the case is handled just like any other child immigration application case.
But if the petitioner is the child’s father, he will have to
prove that he was the biological father, and either had a real
relationship with the child before the child turned 21, such as living
together or financial support, or took legal steps to formally
“legitimate” the child before his or her 18th birthday. At
the time of legitimation, the child must have been in the legal custody
of the father.