Green Card for Stepchildren

Can a U.S. Citizen Petition for a Stepchild?

If you have stepchildren that you need to bring to the United States to make your family whole, a D’Alessio Law immigration attorney may be able to help you petition for their green card. 

This is true whether your stepchild is already inside the country or currently resides abroad. As trusted immigration attorneys, we can easily determine your stepchild’s eligibility for a green card, but we understand that many of our clients like to understand the process prior to their consultation.

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Requirements for Bringing Your Stepchild to the United States

U.S. Citizenship and Immigration Services (USCIS) allows you to petition for the immigrant visa of your stepchild if:

  • You provide the necessary documentation with your petition
  • Your stepchild is admissible into the country (or a waiver of inadmissibility is approved)
  • You provide an Affidavit of Support
  • You pay all applicable processing fees

If your stepchild lives outside the United States and is eligible for a family-based green card, you must file a Form I-130 on your stepchild’s behalf with USCIS. Once approved, USCIS forwards the packet to a U.S. embassy or consulate near your stepchild for consular processing. If your stepchild lives in the United States, your attorney can help you file an adjustment of status for your stepchild’s green card.

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I-130 for Stepchild Checklist

To submit your I-130 petition for your stepchild, prepare to provide your attorney with the following:

  • Your stepchild’s birth certificate
  • A valid passport for your stepchild
  • Documentation of vaccination and a medical examination from a Department of State panel physician
  • An Affidavit of Support accompanied by evidence that you can support your stepchild financially
  • Proof of custody
  • Your marriage certificate

Tip: Be sure all documents written in a language other than English are accompanied by certified English translations.

FAQs About Petitioning For A Stepchild

The IR-2 visa is in Immediate Relative visa category of family-based immigrant visas. There is no annual cap on IR visas, so your stepchild won’t need to wait for a visa to become available once your petition is approved if they qualify for an IR-2 visa.

As a U.S. citizen, you may petition for an IR-2 visa for your stepchild if both are true:

1.) Your stepchild was under 18 when you married their

2.) Your stepchild is unmarried and under 21 when you file.

A U.S. citizen can petition for the immigrant visa of their stepchild who is older than 21 even if they are married, but they won’t qualify for an immediate relative visa. Instead, they will only qualify for a family preference visa.

A U.S. citizen can petition for a stepchild under 21 and if the stepparent’s marriage was before the stepchild turned 18 and the stepchild is unmarried. A visa will be immediately available if the petition is approved.

The expected processing time of an immediate relative visa petition is usually between three and 12 months, and there is no wait time on visa availability in this category once approved. While a family preference visa petition could be approved in a similar time frame, it can take years for a visa to become available in the family preference category.

Do You Need to Petition for an Immigrant Visa for Your Stepchild?

D’Alessio Law may be able to help you petition for your stepchild’s green card. We offer free consultations, so contact us today.

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