Can a U.S Citizen Stepfather or Stepmother Sponsor a Stepchild for a Green Card?
Yes. An unmarried stepchild, under the age of 21 years whose relationship to the U.S. Citizen stepparent was derived from marriage by the child's biological parent to the U.S. Citizen stepparent before the child became 18 years old, qualifies as an immediate relative. See, INA § 101(b)(1)(B)
Thus, the stepchild (a) must be unmarried (b) under 21 years old, and (c) must have been under 18 years when the stepchild's biological parent married the stepparent to qualify.
If these requirements are met, the U.S. Citizen stepparent ( stepfather or stepmother ) petitions with the I-130 form for approval of the stepchild as an immediate relative. This can be filed simultaneously with an adjustment of status application ( I-485) if the child is present in the United States. Otherwise, a visa application has to be processed at a U.S. Consulate abroad after the immediate relative petition (I-130) has been approved.
To prove the stepparent and stepchild relationship, provide copies of the following documents when submitting the immediate relative petition (I-130): 1-the child's birth certificate, 2-the marriage certificate showing the marriage of the stepparent to the stepchild's biological parent when the child was under 18 years of age, and 3-copies of divorce decrees of any prior marriages of the stepparent and the biological parent.
Christopher Tompkins is an Immigration Attorney that has been handling Citizenship and Green Card Matters for over 20 years in New York City for residents of Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. Contact him at 212 962-5363.
Email: [email protected]
Visit his website at http://www.ny-immigration-lawyer.net/
Yes. An unmarried stepchild, under the age of 21 years whose relationship to the U.S. Citizen stepparent was derived from marriage by the child's biological parent to the U.S. Citizen stepparent before the child became 18 years old, qualifies as an immediate relative. See, INA § 101(b)(1)(B)
Thus, the stepchild (a) must be unmarried (b) under 21 years old, and (c) must have been under 18 years when the stepchild's biological parent married the stepparent to qualify.
If these requirements are met, the U.S. Citizen stepparent ( stepfather or stepmother ) petitions with the I-130 form for approval of the stepchild as an immediate relative. This can be filed simultaneously with an adjustment of status application ( I-485) if the child is present in the United States. Otherwise, a visa application has to be processed at a U.S. Consulate abroad after the immediate relative petition (I-130) has been approved.
To prove the stepparent and stepchild relationship, provide copies of the following documents when submitting the immediate relative petition (I-130): 1-the child's birth certificate, 2-the marriage certificate showing the marriage of the stepparent to the stepchild's biological parent when the child was under 18 years of age, and 3-copies of divorce decrees of any prior marriages of the stepparent and the biological parent.
Christopher Tompkins is an Immigration Attorney that has been handling Citizenship and Green Card Matters for over 20 years in New York City for residents of Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. Contact him at 212 962-5363.
Email: [email protected]
Visit his website at http://www.ny-immigration-lawyer.net/
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