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Understanding the Legal Definition of Alien Son or Daughter
Definition & Meaning
An alien son or daughter is defined as a person who is not a U.S. citizen but has been granted lawful permanent residence in the United States due to their relationship as a child of an individual who is a lawful permanent resident through a qualifying marriage. This status is established under federal law, which allows for family reunification and immigration benefits for immediate family members.
Table of content
Legal Use & context
The term "alien son or daughter" is primarily used in immigration law. It pertains to the process by which non-citizen children can obtain permanent resident status based on their parent's immigration status. This term is relevant in various legal contexts, including family law and immigration proceedings. Users may find it helpful to utilize legal templates from US Legal Forms to navigate the application process for permanent residency.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A child born in Mexico to a U.S. lawful permanent resident can apply for permanent residency in the U.S. as an alien son or daughter.
Example 2: A legally adopted child from the Philippines of a U.S. citizen may qualify for permanent residency under the same provisions (hypothetical example).
Relevant laws & statutes
The primary statute governing this term is 8 USCS § 1186a, which outlines the conditions under which an alien son or daughter may obtain lawful permanent resident status.
Comparison with related terms
Term
Definition
Alien
A person who is not a citizen or national of the United States.
Lawful Permanent Resident
A non-citizen who has been granted the right to live permanently in the U.S.
Qualifying Marriage
A legally recognized marriage that meets specific immigration criteria.
Common misunderstandings
What to do if this term applies to you
If you believe you qualify as an alien son or daughter, you should gather necessary documentation, including proof of your relationship to the lawful permanent resident. Consider using US Legal Forms to access templates for immigration applications. If your situation is complex, consulting with an immigration attorney may be beneficial.
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Child of a lawful permanent resident through qualifying marriage
Application Process
File with U.S. Citizenship and Immigration Services (USCIS)
Legal Reference
8 USCS § 1186a
Key takeaways
Frequently asked questions
An alien son or daughter is not a U.S. citizen and must apply for permanent residency, while a U.S. citizen child automatically has citizenship rights.
Yes, once they have obtained permanent residency, they may be eligible to apply for U.S. citizenship after meeting certain requirements.
Common documents include proof of relationship, the parent's immigration status, and any required forms from USCIS.