What are the requirements for the foreign spouse’s child to file a permanent residence application?

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  • The foreign spouse’s child must be physically present in the United States.
  • The foreign spouse’s child must have entered the United States legally.
  • The foreign spouse was legally married to the U.S. citizen before the child(ren) reach the age of 18.
  • The USCIS approves the permanent residence application while the child is under 21 and unmarried.