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Legal Information: Federal

Immigration

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Updated: 
January 30, 2018

Is a step-child considered to be a child for the purposes of VAWA?

Throughout these pages, we refer to the relationship between a child and a parent when it comes to eligibility for VAWA. It is important to know that under immigration law, a “child” includes:

  • a biological child;
  • an adopted child; or
  • a step-child.1

However, a step-child must have been under 18 years old at the time of the marriage between the parent and step-parent in order to be considered the “child” under immigration law. An adopted child must have been adopted before the age of 16.1

1 INA §101(b)(1)

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