Does your immigrant spouse have children that they want to bring to the U.S.? Are you looking for ways to secure legal status for your step-child in the United States? If so, as a U.S. citizen or Lawful Permanent Resident (Green Card holder), you may be eligible to sponsor your step-child for lawful permanent resident status through a family visa. Read on to learn more about petitioning for your step-child.
How do I apply for my step-child?
As a U.S. citizen or Lawful Permanent Resident), you are eligible to sponsor your step-child for a green card. However, sponsoring your child is not as simple as adding their name to your spouse’s immigrant visa petition. Your spouse and child’s petitions will be separate family petitions, if you intend to bring them both to the U.S. or if they are already in the U.S. In addition to proof of your bona fide marriage (with the child’s parent), financial stability to sponsor your step-child, and qualifying relationship with your step-child, there are several important considerations to note prior to filing a family petition for your step-child.
Timing of Marriage
The first consideration is the timing of your marriage. In order for them to qualify as your step-child, your marriage to the step-child’s parent must have occurred before the child’s 18th birthday. If the child turns 18 prior to your marriage, they are no longer considered an eligible step-child and cannot be sponsored by you (for immigration purposes). Another consideration to note is that even if your step-child’s petition is approved, if you were married for less than two years (with the child’s parent) at the time that your step-child’s petition was approved, your child’s green card will be approved under conditional permanent resident status. Thus, they will have conditional resident status, that will require proof of a sustained bona fide marriage with your spouse, to convert this two-year-conditional green card into a ten-year permanent residency status.
Marital Status and Age of Step-Child
An additional factor to consider is the marital status of your step-child. In addition to them being under 18 at the time of your marriage (to their parents), they must also be single (unmarried). Additionally, they must be under the age of 21. If your step-child is married and/ or over the age of 21, they may immigrate to the U.S. through another legal status; however, they will not gain status through the family category as your step-child.
To Adopt or Not
You are not required to legally adopt your step-child for the purposes of immigration. Being able to demonstrate your bona fide marriage with your step-child’s parent will suffice in demonstrating your step-child-to-parent relationship. Conversely, adopting them will not transfer over citizenship or legal status to your step-child.
What do I have to do to start the application for my step-child?
To start the application process, you must file a family child petition, along with documentation that demonstrates that:
- Your marriage with your step-child’s parent is valid;
- Your marriage was before the child turned 18;
- You are a U.S. citizen or Lawful Permanent Resident;
- You have the financial means to support your step-child;
- Your child is unmarried and under 21 years old; and
- Your child has no disqualifying factors that make them inadmissible to the U.S.
If you and your child meet the above mentioned qualifications, you may be ready to file a family-based visa petition for your step-child.
You may also be interested: How can a family immigration lawyer help me petition for my adopted child if I’m a permanent resident in the U.S.?
Hiring an immigration attorney
Filing a family-based petition for your step-child can feel overwhelming, especially with long wait times and strict requirements. Even a small mistake could delay your case. That’s why getting it right the first time is so important! An experienced immigration attorney can help ensure your petition is accurate, complete, and submitted on time—giving you the best chance for approval. Contact us today to schedule a consultation and take the next step with confidence!
