Petition For Stepchild Immigration
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What Is a Petition For Stepchild Immigration?
According to the U.S. Census Bureau’s American Community Survey, Texas is home to over 5.8 million immigrants, making up about 18.4% of the state’s population as of 2024. When people migrate, they usually leave their families behind in their home country. Fortunately, U.S. citizens and lawful permanent residents (LPRs) are eligible to file a petition for their children or stepchildren living overseas to immigrate to the United States and receive their green cards.
A process under the umbrella of family immigration, a visa petition for the immigration of a stepchild can be described as the process whereby a person (specifically a step-parent) who is a U.S. citizen or a lawful permanent resident files an immigration petition for their child or stepchild, who isn’t already a U.S citizen, to migrate to the U.S. and become a lawful permanent resident.
For this purpose, a “stepchild” refers to the biological child of a foreign-born spouse married to a U.S. citizen or individual with permanent resident status. Therefore, you (the spouse — American citizen or lawful permanent resident) will be making a request for your stepchild or stepchildren.
If you’re trying to file an immigrant visa petition for your stepchild, consulting with an experienced Austin immigration attorney is crucial for proper guidance. At the Law Office of Michael G. Murray, P.A., we are dedicated to offering experienced legal guidance and strong advocacy to clients in legal matters of immigration, including stepchild immigration. Attorney Michael G. Murray will be available to discuss your personal situation and help you understand your possible legal options to unite you with your stepkids.
Our law firm is proud to serve clients across Austin, Texas, and nearby communities. If you’re considering filing an immigrant visa petition for your stepchild immigration, Attorney Michael G. Murray will prepare a solid application on your behalf, guide you through every step involved, and fight compassionately to ensure that your stepchild’s immigration petition is granted so that he or she can enjoy all privileges of U.S. citizenship or lawful permanent residence.
How To Complete an Immigration Petition For Stepchild
The immigration petition for stepchild process begins by submitting a visa petition on Form I-130, including supporting documents and a specified fee. You can visit USCIS online to download the I-130 Form for free. It is often advisable to fill out the form on your computer. However, if you’re filling manually, ensure that you use a pen with black ink.
Once you have filled, prepared, and assembled all your forms, make photocopies and keep them for your personal records. You can file the petition online or mail the entire petition package to the USCIS “lockbox” detailed here. Once you have paid the specified fees, your petition will be forwarded to the USCIS Service Center for further processing. You will be contacted if additional information is required from you.
Processing time depends on the category. Immediate relative cases currently run about 10 to 15 months. F2A cases (stepchild of a green card holder) often take 18 months to several years once the visa bulletin wait is added.
While this process can be completed on your own, it’s best to seek legal guidance when doing so to give your family the best chances of being quickly united. A knowledgeable immigration attorney can help review your form and ensure that all details are accurate.
Form I-130 Checklist For Child
Children for whom you can file a petition for immigration using the USCIS Form I-130 include:
- Natural-born children born to married parents
- Natural-born children born to unmarried parents
- Stepchildren, provided that the American petitioner and the child’s mother or father get married before the child turns 18
If you want your children to be eligible to live in the United States and get a green card, you have to prove that you are actually the parent of your foreign-born children. Proof of parentage or the relevant parent-child relationship for the petitioner’s biological child or children can be proven with the child’s birth certificate. In other cases, this process can be more complicated.
In case a biological child was born outside the marriage (child born out of wedlock), whose father hadn’t legitimized them before they turned 18, the father-child relationship has to be proven. That is referred to as a ‘bona fide parent-child relationship’ and includes financial ties, as well as concern and interest by the father for the child’s welfare and support. These documents can provide proof of parentage.
Before you can be allowed to bring your stepchildren to the United States, you must present your legal and valid marriage certificate. This will be verified by the U.S. government.
Furthermore, at the time of petitioning, the child must be under 21 years of age. Also, the child must be below 21 years at the time of receiving the green card. However, in many cases, the child may be able to qualify for approval if they turn 21 in the process of waiting for a green card or immigrant visa.
Establishing The Stepchild Relationship
Under INA 101(b)(1)(B), marrying the child’s parent before the child turns 18 is what creates a qualifying stepchild relationship. Adoption and legal custody are separate, alternate paths for situations where a marriage-based relationship doesn’t apply. They are not additional requirements stacked on top of the marriage.
A step relationship normally ends if the marriage ends, especially through divorce. However, according to USCIS, the relationship can continue after the death of the natural parent, or after a divorce or legal separation, if the stepparent and stepchild kept an ongoing relationship. If the marriage ends in annulment, the step relationship is treated as if it never existed, since the marriage itself never legally existed.
How Long Does It Take To Process a Stepchild Immigration Visa Petition?
The time it takes to process a stepchild immigration visa petition usually varies depending on whether the family member falls under the category of an immediate relative or a second-preference relative.
Immediate Relatives
Unmarried minor children (below the age of 21) of U.S. citizens are referred to as “immediate relatives” under U.S. immigration laws. They are eligible for a green card immediately once their application has been approved.
Second-Preference Relatives
Unmarried minor children (below 21 years old) of green card holders are referred to as “second preference relatives” under category F2A. Only a limited number of green cards are allocated per year, so your child or stepchild may have to wait, often 18 months to several years, for petition processing plus visa bulletin wait, before the green card is available.
Child Immigration — Is It Easier To Petition For a Stepchild or an Adopted Child?
The processing time to petition for a stepchild to receive a green card depends on whether the petitioner is an American citizen or a lawful permanent resident, as well as the relationship between the petitioner and the child.
Just like a stepchild, a petitioner may also be able to bring an adopted child to the U.S. and request their green card, provided the child was adopted before turning 16 years old. For stepchildren, the petitioner proves the relationship with a marriage certificate. For adopted children, the petitioner shows the relationship with the adoption decree. The adopted child must also meet all other conditions required for a valid adoption, including being in legal custody of and living with the adoptive parent for at least two years.
Depending on the circumstances, the adoptive parent may file Form I-800 if the adoption is from a Hague Convention country, Form I-600 if it’s from a non-Hague country, or Form I-130 if the adopted child meets the applicable requirements. Read our blog on immigration through adoption for more information.
Work With an Experienced Petitioner Immigration Lawyer In Austin, Texas
Sponsoring a stepchild for U.S. permanent residency involves several complexities. Michael G. Murray, P.A., can offer you the comprehensive legal counsel, advocacy, and strong representation you need to navigate key decisions in your stepchild immigration visa petition and work toward a successful outcome.
We are proud to serve individuals and families throughout Austin, central Texas, and clients anywhere in the U.S. Consider reaching out to schedule a one-on-one consultation and take the next step toward petitioning for your stepchild.
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