Navigating the immigration process for your stepchild can seem overwhelming.
But you have the power to make it happen.
Filing an immigrant petition for your stepchild means reuniting your family and building a future together in the United States. It’s simpler than you think.
In this guide, we’ll break down everything you need to know about the process, from eligibility requirements to filing steps and important tips.
Ready to bring your family closer? Let’s get started.
As a Miami immigration attorney, I often am asked whether a stepchild relationship counts for immigration. The short answer is yes – as a stepparent, you can certainly file an immigrant petition for your stepchild. Below are some frequently asked questions.
1. Do I have to adopt my stepchild in order to file for adjustment of immigration status for him/her?
You may file an immigrant petition for a stepchild without having to legally adopt your stepchild. However, please be aware that under United States law, a stepparent and the biological parent of the stepchild must get married before the child turns 18 years old.
2. My stepchild has already turned 18. What options do I have?
If your stepchild has already turned 18, another option would be for the biological parent to petition for his/her child after obtaining his/her permanent residency status. At this juncture, I would strongly urge you and/or your family member to first consult with an immigration lawyer.
3. Is there any benefit to having a US Citizen stepparent file for a stepchild?
Yes. By having the United States Citizen file for his/her stepchild, you may be able to avoid the visa backlogs currently experienced by legal permanent residents who are filing for their minor children (second preference category).
4. I am the biological parent of a child who is already over 18 years of age, and I plan on marrying a United States Citizen. What options do I have?
You may want to consider postponing the marriage to give the child an opportunity to enter the United States faster. Here’s how: if you delay your marriage to a United States Citizen fiance, he/she can file a fiancé petition for you, the biological parent.
Once the fiancé petition is approved, K visas can be issued for both you (the biological parent) and your child to enter the United States. After marrying your United States Citizen fiance, you and your child can apply for an adjustment of status to switch from K to permanent resident status.
If you think would like more information on filing an immigrant petition on behalf of your stepchild, please contact Miami immigration attorney The Law Office of Tatiane M. Silva, P.A., Esq. at (305)895-2500.