If you want to sponsor your stepchild for a green card, the best route to take is to file for an I-130 visa petition. If you decide to use this petition, there are certain things you will need to understand, such as how to file for I-130 for a stepchild and the eligibility requirements. Understanding these factors will be critical in getting your petition approved without any delays. Here is everything you need to know about sponsoring a stepchild so that they can legally live in the United States.
Can a U.S. Citizen Petition For a Stepchild?
If you are a U.S. citizen or a permanent resident, you may want to sponsor your stepchild so that they can get a green card. The good news is that this is possible by filing a petition for stepchild immigration with I-130. However, there are specific requirements and required documents for this process, so you need to understand exactly how to go about doing this to ensure your petition is approved.
It is also worth mentioning that the USCIS will consider a stepchild who is under the age of 21 and who is unmarried as an immediate family member. Because children who meet these requirements are considered to be immediate family members, they usually have immediate access to receiving a U.S. green card. Keep in mind that you still need to file an I-130 for them along with the necessary documentation.
For step children who are married or over the age of 21, they will not immediately qualify for a green card. Because of this, they will have to wait until a green card becomes available under the correct family preference category.
For the best chance of approval, you need to hire an immigration attorney to help you with the petition process so that everything is thorough and correct. An attorney can also help you navigate any issues that may arise, such as needing to provide additional documentation and choosing between adjustment of status or consular processing for residency.
Filing I-130 For Spouse and Stepchild
The process of filing I-130 for a stepchild is quite simple as it can be broken down into three steps:
- Filling out the petition.
- Waiting while the petition is reviewed.
- Receiving an approval or denial or a request for additional evidence.
The process of filling out an I-130 petition for a stepchild is very similar to other petitions, as you simply have to provide the information that is asked. You will also need to provide a set of documents to establish the legitimacy of the relationship and your eligibility as a sponsor. The primary documents that are absolutely necessary include your proof of U.S. citizenship or permanent residency, the birth certificate of the stepchild, and a marriage certificate from the child’s biological parent.
You should also provide any documents to further support your relationship with the child’s biological parent, such as joint financial statements or marriage photos. Providing additional documentation in this way can help you avoid common issues, such as not having enough evidence of legitimacy.
It could also be helpful to provide proof of any legal name changes, divorce decrees, or death certificates from previous marriages if this is applicable.
I-130 Requirements For Stepchild Sponsorship
Anytime a U.S. citizen or legal resident is sponsoring an immigrant, there will be extensive requirements to ensure you are a credible sponsor. When you start an I-130 visa petition, it is critical that you understand these requirements.
The main requirements for a stepchild sponsor include being a U.S. citizen or a lawful permanent resident. Your marriage to the child’s biological parent must also have occurred before the child turned 18 years old. Another essential aspect of being a sponsor for your stepchild is proving financial stability, which involves submitting an affidavit of support.
An affidavit of support provides proof that your income meets or exceeds the federal poverty guidelines for the size of your household. To prove that you are an eligible sponsor, you also need to provide documents related to your relationship with the stepchild, such as a marriage certificate, birth certificate, photographs, written communication, etc.
The most common issue that stepchild sponsors run into when submitting their petition is not providing substantial proof of the relationship. Because of this, it is a good idea to provide as much documentation as possible to establish a credible relationship and avoid requests for additional evidence from the USCIS.
Adjustment Of Status Vs. Consular Processing For Stepchild Sponsorship
When the USCIS lets you know its decision regarding your I-130 visa petition, you can then move forward to the next step. If the petition is approved, how you proceed is going to be dependent on where the stepchild is currently residing.
For step children who are already in the United States, you may be able to apply for adjustment of status, which will allow them to get a green card without having to leave the country. This process involves filing for adjustment of status and going to an interview at a local USCIS office.
If your stepchild is not living in the United States, they will need to go through consular processing. Consular processing includes the following steps:
- Getting a case number from the National Visa Center.
- Providing visa application forms and documents.
- Attending a medical examination.
- Attending a visa interview at the local U.S. embassy or consulate.
No matter which option applies to your situation, you need to take the additional step of hiring an immigration attorney. The process of sponsoring a stepchild can be a bit more complex and can possibly lead to more challenges, especially if more documentation is required. An attorney can help you throughout this process, ensuring everything is done correctly and thoroughly to avoid delays.
Hire an Immigration Attorney Today
Are you ready to start an I-130 petition for a stepchild? Contact us today at U.S. Immigration Law Counsel at 800-666-4996 to speak with an immigration attorney about your situation. We will deal with the government, so you don’t have to!
