The Board of Immigration Appeals ruled that a stepchild meets the definition of a child for purposes of qualifying for cancellation of removal. Was the INS correct in its decision? Immediate Relative Petitions. Citizenship and Immigration Service form I-130, Petition for Alien Relative. What options to do I have? They also can be any age. 2. Once the fiancé petition is approved, K visas can be issued for both the you (the biological parent) and your child to enter the United States. A stepmother or stepfather can file an I-130 family petition for their step child if they meet all the requirements. However, please be aware that under United States law, a stepparent and the biological parent of the stepchild must get married before the child turns 18 years old. My stepchild has already turned 18. Bottom line is that the biological parent's immigration status is totally irrelevant to the eligibility of the stepchild's I-130 petition. Furthermore, legal permanent resident and U.S. citizen step-children can petition for their step-parents once they turn 21. The short answer is, yes – as a stepparent, you can certainly file an immigrant petition for your stepchild. mmurraylaw.com, MICHAEL G. MURRAY, P.A., IMMIGRATION LAWYER (MIAMI), must get married before the child turns 18 years old, Continuous Residence and Physical Presence for Naturalization, When And If You Should Apply For Naturalization, Non-Immigrant Visas for Temporary Employment, Petitions to remove the conditions of residence (I-751), Waiver Petitions I-751 – remove the conditions of residence by divorce, Employment-Based Immigration Attorney In Miami. All rights reserved, Process Petition for Stepchild Immigration, Immigration Is it Easier to Petition for Stepchild or Adopted Child, - Membership in a Particular Social Group, - Knowing When & If You Should Apply for Naturalization, - Petitions to Remove the Conditions of Residence I-751, - Waiver Petitions to Remove the Conditions of Residence Based on Divorce I-751, The Path to Green Cards for Those on TPS and DACA. First, how is a step-child or step-parent relationship created for immigration purposes? Immigrant Petition for Spouse # Child Petition Video. If your stepchild has already turned 18 years old, another option would be for the biological parent to petition for his/her child after  his or her permanent residency status is obtained. Your husband can petition for your son, filing U.S. Citizenship and Immigration Services (USCIS) announced on April 7, 2016, that it has received enough H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2017. A. Followers 0. petition for stepchild. H-1b Update: USCIS completes H-1b lottery – receives over 236,000 petitions. If you would like to pursue a green card for your stepparent, you and/or your Miami immigration lawyer may plan to file a Form I-130, Petition for Alien Relative and a Form I-485, Application to Adjust Status. 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. First, you must select the type of relative that you want to petition. In turn, the United States citizen stepparent must file an I-130 visa petition on the stepchild’s behalf before the child turns 21 years of age to accord the stepchild the benefits of a child under the INA. Citizenship and Immigration Service) ostensibly for failure “to establish the existence of a close family relationship” between Patricia, Benicio, and Stephen. After marrying your United States Citizen fiance, you and your child can apply for adjustment of status to switch from K to permanent resident status. EXPANDED SERVICES. The author has 20 years of immigration experience. 1101(b)(1)(B)]: Lists a step-child, as long as the child was under 18 when step-relationship was created, meaning that the natural parent and stepparent were married before the child turned 18 years of age as eligible for sponsorship. Form I-751, Petition to Remove the Conditions on Residence is used to remove the conditional basis of permanent residence. at (305)895-2500 or visit our website at www. DrEllaNJ 287 DrEllaNJ 287 Gold Member; Members; 287 State: New Jersey; Filed for: Removing Conditions (approved) Filing Location: Vermont Service Center; … Asylum: - Race - Religion - Nationality - Political Opinion - Membership in a Particular Social Group; Citizenship & Naturalization: - Continuous Residency - Good Moral Character - Knowing When & If You Should Apply for … Check the instructions for each required form at www.uscis.gov or retain the services of a licensed immigration lawyer before filing anything with USCIS. Immigrant Petition for Child # Parents Petition Video. However, please be aware that under United States law, a stepparent and the biological parent of the stepchild must get married before the child turns 18 years old. My stepchild has already turned 18. U.S. citizen stepparents who wish to bring a stepchild to the United States are not required to follow the Convention or orphan adoption immigration procedures in cases where the U.S. citizen married the child’s parent before the child’s 18th birthday.Unlike a birth child or adopted … The process begins by sending Form I-130 to the Immigration and Citizenship Service, USCIS. Immigration and Naturalization Act – stepchild immigration sponsorship [INA 101(b)(1)(B), 8 U.S.C. You may also petition for their spouse and unmarried children under 21 to join you in the U.S. While U.S. citizens may sponsor any of the options (spouse, parent, brother/sister, or child), lawful permanent residents may only petition a spouse or unmarried child. If a person obtained their green card as a stepchild (their parent married a US citizen before their 18th birthday, and the citizen stepparent petitioned them without adopting them), that child could still petition his or her other natural parent. We also provide other services. By having the United States Citizen file for his/her stepchild, you may be able to avoid the visa backlogs currently experienced by legal permanent residents who are filing for their minor children (second preference category). If you think would like more information on filing an immigrant petition on behalf of your stepchild, please contact Miami immigration attorney Michael G. Murray, Esq. Immigrant Petition for Parents # Adjust Status … However, please be aware that under United States law, a stepparent and the biological parent of the stepchild must get married before the child turns 18 years old. You may file an immigrant petition for a stepchild without having to legally adopt your stepchild. 3. Green Cards for Adopted Children, Stepchildren, and Legitimated Children Under U.S. immigration rules, a child generally must be an unmarried foreign national who is under 21 years old. # Spouse Petition Video . 4. If the stepparent is a US Citizen, the children may also be eligible to apply for a green card at the same time. In this case, our client's step-child was … You can petition for your stepchild to immigrate in very much the same way you would petition for a biological child. My stepchild has already turned 18. Step-Child Filing Requirements. Is there any benefit to having a US Citizen stepparent file for a stepchild? Under the immigration laws, a step-child/step-parent relationship is formed when the step-parent marries the biological parent before the child turns 18. There is an unlimited supply available all the time. Here’s how – if you delay your marriage to the United States Citizen fiance, he/she can file a fiancé petition for you, the biological parent. If a person marries a US citizen before their child’s 18th birthday, the US citizen can also directly petition the person’s child (as the US citizen’s stepchild). Link to post Share on other sites . Each eBook has complete information about forms & evidence required by USCIS. If they are already inside the US, … Below are some frequently asked questions. It is difficult to qualify for, and nearly impossible to have granted because of the high standards … Yes. When a US citizen petitions his spouse for a green card, he may also file a petition for his spouse’s child if the marriage creating the stepchild-parent relationship took place before the child’s 18th birthday. The short answer is “no.” The Immigration and Nationality Act (INA) defines the term “child” as an unmarried person under twenty … It is also important to remember the provisions of the Child Status Protection Act. Your step-son must be a United States citizen. Immediate relatives do not have to wait in line for immigrant visas to become available. A step-child that is a U.S. citizen and has turned 21 years old, may apply for their step-parent or step-sibling to receive an immigrant visa. You may file an immigrant petition for a stepchild without having to legally adopt your stepchild. USCIS has also received more than the limit of … READ MORE » read more U.S. As immigration attorneys, here are some things to keep in mind to make sure everyone gets to stay in the family. An adult child or a married child may be able to get a visa, but they will face a more complicated and protracted path to a green card than a standard child. Note, however, that the petition and green card applications are actually separate processes. As immediate relatives of the US citizen, separate petitions must be filed for the spouse and stepchild. 2. U.S. immigration law recognizes a parent/child relationship between a stepchild and stepparent. We specialize in Family Immigration. 1 1 INA §101 (b) (1) Did you find this information helpful? At this juncture, I would strongly urge you and/or your family member to first consult with an immigration lawyer. If you a U.S. Citizen, then your step-child can be unmarried or married. One important difference is that step-children cannot qualify for acquisition of citizenship after birth. Sponsoring a step-child for U.S. permanent residency is not as easy as just adding the child’s name to your spouse’s immigrant visa petition. 2. These are completely separate cases if you are a U.S. citizen; an immigrant via petition must be filed for both your spouse and your step-child if you want to bring both of them to the U.S. Let’s start with your step-son’s requirements. Do I have to adopt my stepchild in order to file for adjustment of immigration status for him/her? Process Petition for Stepchild Immigration Immigration Is it Easier to Petition for Stepchild or Adopted Child I -130 Checklist for Child Petitioner Immigration. Consequently, should that stepchild become a U.S. citizen, USCIS and post would be unable to approve a Form I-130, Petition for Alien Relative (for IR5 status) for that stepparent. (1) A stepchild who has met the requirements to qualify as a “child” of the stepparent under INA 101(b)(1)(B) may continue to be entitled to immigration benefits, either as a principal or derivative applicant, from such marriage, even though the relationship between the natural parent and the stepparent has been terminated by legal separation, divorce, or by the death of the natural parent, … Step-Children May Petition for their Step-Parent or Step-Siblings Just like a U.S. citizen or LPR can petition for a step-child, the reverse is also true. If the request is for more than one stepchild, you must complete the form for each of them. The petition process begins on by filing USCIS form I-130, which is available here.