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The only distinction in eligibility between a child in this category and a child of an "immediate relative of a U.S. citizen" is that the child in this category is over 21 years old. That means to qualify as a "child" in this category, the person must be the son or daughter of a U.S. citizen, who is unmarried and over the age of 21. An adopted child qualifies as long as the adoption was finalized before the child's 16th birthday, the adoptive parents have legal custody of the child for two years (before or after the adoption), and the child resides with the adoptive parents for two years (before or after the adoption). A stepchild qualifies as long as the marriage had occurred before the stepchild's 18th birthday.
Immediate family members of the married alien child may also apply for a green card with the child. The annual visa allotment available for this preference is 23,400, plus any visas not used by the fourth preference. Please see "Visa Bulletin" for the latest information on usage of the visa quota.
There are two scenarios for unmarried children of U.S. citizens to apply for immigration petition:
For more information on unmarried children over 21 years of age of U.S. citizens, please click on the following links: