A child is defined under the immigration law as an unmarried person under the age of 21. The definition of a child includes:

• A step-child if the parent's marriage took place before the child reached the age of 18;
• A child born out of wedlock if the child has a "bona-fide" relationship with the parent who is filing the petition;
• An adopted child if the child was adopted before the age of 16, has been under the custody of the adoptive parent(s) for at least two years, and has lived with the adoptive parent(s) for at least two years;
• A child who is considered an orphan under immigration law; or
• An adopted child under the age of 18 who is the natural sibling of an orphan or adopted child under the age of 16, who is adopted with or after that sibling, and who has lived with the adoptive parent(s) for at least two years under the custody of the adoptive parent(s).

Therefore, if the adopted children are neither from a Hague Convention Country nor as qualified as an orphan defined in INA, they may follow the regular I-130 to achieve the immigration.

For more information on immigration Process for Regular Adoption, please visit the following links:

• Regular I-130 Petition
• Definition of Child
• Adoption of Foreign-born Orphans
• Adopted Children
• Adoption By U.S. Citizens
• Adoption by U.S. Permanent Residents
• Adoption by Aliens in the U.S. with Valid Nonimmigrant Status
• The Immigration Procedure for an Adopted Child
• Citizenship for adopted children
• Immigration Privileges for the Biological Parents of Adopted Children