Petition for a Stepchild to Come to the U.S.
With Form I-130

Stepchild Petition Form I-130 - Nanthaveth & Associates

It’s possible to bring your stepchildren to the United States – and with help, it may be easier than you think. Many people choose to work with an Austin immigration attorney to streamline the process.

Guide to Stepchild Immigration to the U.S.

When a U.S. citizen or lawful permanent resident marries a foreigner who already has children, the government may allow those kids to come to the United States. There are a few requirements though.  Most importantly, the child must have been under the age of 18 on the date that their parent and their stepparent were married.

Do You Have to Adopt Your Stepchildren for Them to Immigrate to the United States?

You do not have to adopt your children for them to immigrate to the United States. You simply fill out and file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services on the child's behalf. You can adopt your step kids, but that adoption doesn't confer immigration benefits. You must still fill out and file Form I-130, even if they're adopted.

Of course, you can adopt your step kids, but that adoption doesn’t automatically give an immigration status to that child. Though many people feel it should or believe that it does, USCIS is clear on that. You must still fill out and file Form I-130, even if they’re adopted.

Requirements for Bringing Your Stepchildren to the U.S.

If your spouse has children under the age of 18 (or who were under the age of 18 when you married), you can file a petition for them to enter the United States as an immediate relative prior to their 21st birthday. Please note that different laws apply if they are over age 21. You are welcome to consult with one of our attorneys to get a better understanding of the process.

Do you need help from an expert immigration attorney?

Contact Nanthaveth & Associates today. We've successfully supported many clients just like you. Schedule your consultation now.

Stepchild petition From I-130

Bringing Unmarried, Under-21 Stepchildren to the United States

Stepkids who are under the age of 21 and who are not married are considered immediate relatives of an American citizen. Based on that relationship, the children can obtain green cards. You or your attorney can file a Form I-130 on each child’s behalf.

If the children are living abroad, USCIS must first approve the Form I-130 application and then forward the application packet to the nearest U.S. embassy or consulate. After the application is processed at the embassy or consulate (during a process called consular processing), the children will be able to come to the U.S. on an immigrant visa. They’ll become permanent residents at the time they enter the United States.

If the children already live in the United States, you may be able to file an adjustment of status petition for them. Your immigration attorney can give you case-specific guidance and tell you how to proceed.

Bringing Married or Over-21 Stepchildren to the United States

American citizens can request green cards for their adult stepchildren and stepchildren who are married, but as adults or married people, they don’t count as “immediate relatives” under U.S. immigration law. That means they fall into the family preference categories, so they must wait until a visa becomes available for them.

Keep in mind, it can take several years for a visa to become available. Because of this wait time, if it’s at all possible, you should try to begin the process before the children reach the age of 21 or get married. Your attorney can give you more specific guidance on requesting immigration benefits for stepchildren who fall into this category.

Why Does It Take So Long for Married or Over-21 Stepchildren to Get a Green Card?

Green cards for family preference relatives, which includes married and adult stepchildren who are over 21, generally take longer to process than green cards for immediate relatives.

Several factors can affect the processing time for a green card. One is the U.S. state in which the green card is processed. For example, the average processing times for petitions filed by U.S. citizens and lawful permanent residents for married children over 21 at the Texas Service Center is about a year and a half. By contrast, at the California Service Center the processing time is nearly five years.

On average, with either a U.S. citizen or a lawful permanent resident sponsor, it takes three to four years for a stepchild over 21 to have their green card petition approved.

Another factor that affects the processing time for a green card for foreign stepchildren who are married or over 21 is that there is a limit to the number of green cards that are allotted to countries each year. Once the “per country” limit is reached, applicants are placed in line for the following year. However, due to the high volume of applications received each year, a substantial backlog may exist which results in additional delays in processing. Depending on their country of citizenship, a stepchild may have to wait many years to have a petition for a green card approved.

You should also know that a divorce can affect a stepchild’s permanent visa preference status as well as the processing time required to obtain approval. The stepchild of a U.S. citizen who is under the age of 21 and was married but gets a divorce will become a "first preference relative," which means they won’t be subject to annual limits on visas. In theory, this means a shorter wait to obtain approval for a green card. Another thing to know is that stepchildren who get divorced do get credit for the time they had already waited for their green card under their previous priority status.

All About Form I-130, Petition for Alien Relative

Form I-130 is the form you need to file with U.S. Citizenship and Immigration Services as the first step to request an immigration benefit (in this case, a green card) for your stepchild. Your immigration attorney can help you fill out and file the form, advise you on what type of supporting documentation you need, and track the petition for you.

USCIS will usually approve your Form I-130 if you can establish a qualifying relationship with your stepchild. That means you have to show that you’re married to their parent and that they’re the lawful children of your spouse.

Do you need help from an expert immigration attorney?

Contact Nanthaveth & Associates today. We've successfully supported many clients just like you. Schedule your consultation now.

Filling Out The I-130 Form - Nanthaveth & AssociatesFAQ on Stepchild Immigration

Stepchild immigration can be confusing, so here’s a quick list of questions that immigration attorneys often hear. If you don’t see the answer to your question listed here, we’ll be happy to answer it for you – just call our office to set up a consultation.

Is a Stepchild Considered Immediate Family by USCIS?

USCIS does consider a stepchild who is under the age of 21 and who is unmarried to be immediate family. Because these children fall under the immediate family category, a U.S. green card is immediately available to them, but you still must submit the needed documentation and the I-130 for them. However, if the child is married or over the age of 21 (or both), he or she doesn’t qualify for an immediate green card; instead, the child must wait until a green card becomes available to them under their family preference category.

What Are Family Preference Categories for Married Stepchildren Over the Age of 21?

The family preference categories are as follows:

  • This category is for unmarried, adult children (age 21 and over) or U.S. citizens
  • This category is for spouses and unmarried children (under age 21) of permanent residents
  • This category is for unmarried adult children of permanent residents
  • This category is for married children (of any age) of U.S. citizens
  • This category is for siblings of adult U.S. citizens

Because stepchildren count as children, the category they fall into depends on whether the petitioner is a U.S. citizen or lawful permanent resident. Married stepchildren or stepchildren who are over the age of 21 are either F1, F2A, F2B, or F3.

What Are Some Paths to Citizenship Through a Stepparent?

Path to U.S. Citizenship for Your Adopted Child Living in the U.S.

If you are a citizen of the United States, you adopted your step child, and your child meets certain criteria found in INA section 320, then you can file a Form N-600, Application for Certificate of Citizenship. It is important to consult with an attorney when seeking citizenship for your stepchildren, even if you already adopted them.

Path to U.S. Citizenship for Your Adopted Child Living Outside the U.S.

If you are a citizen of the United States, you adopted your step child, your child meets certain criteria found in in INA section 322, and you or their U.S. citizen grandparent meet the physical presence requirements, then you can file a Form N-600K, Application for Citizenship and Issuance of Certificate Under Section 322. It is essential to consult with an experienced attorney to determine your eligibility before applying.

Path to U.S. Citizenship for Your Non-Adopted Step Child Living in the U.S.

Step children who are not adopted may still eligible for citizenship after being a lawful permanent resident for 5 years or if they are under 18 when their birth parent married to a U.S. citizen is naturalized after 3 years of being a lawful permanent resident.

Citizenship for Children of U.S. Government Employees and Military Service Members

In some situations, adopted children of U.S. service members or government employees may automatically be allowed to apply for citizenship under INA section 320. Plus, certain children of a service member’s spouse or a federal employee's spouse might also qualify. Consult with an attorney to see if this might be a faster path to citizenship for your stepchild.

Can I Bring My Stepparent to the United States?

If you are a U.S. citizen, you may be able to petition the U.S. government to bring a stepparent to the United States, much like your stepparent could petition to bring you here. You need Form I-130, a copy of your birth certificate showing the names of your birth parents, a copy of your parent and stepparent’s marriage document, and some other paperwork. You should speak to an attorney to find out if this is possible in your case.

Can a Green Card Holder Apply for a Child Over 21?

In some cases, it’s possible for a green card holder (lawful permanent resident) to apply for a green card for a child over the age of 21. However, you should speak to an attorney to learn about your options. There may be other, better avenues for your child or stepchild to come to the United States.

Do You Need to Talk to an Immigration Lawyer About Stepchild Immigration?

If you need help bringing your stepchildren to the United States, give us a call to schedule a consultation. We may be able to help you. Many on our legal team have personally been through the immigration process with their own family members. This personal experience, combined with our knowledge of immigration law, makes us especially capable and dedicated to helping other families through the process too.

Do you need help from an expert immigration attorney?

Contact Nanthaveth & Associates today. We've successfully supported many clients just like you. Schedule your consultation now.

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