Petition for Stepchild to Immigrate

A U.S. citizen or LPR stepparent may petition for their stepchild to immigrate them or adjust their status if the stepparent married the child’s birth parent before the child’s 18th birthday. You are not required to adopt your stepchild to petition for them. You may petition for your stepchild by filing a Form I-130, Petition for Alien Relative, with USCIS on behalf of your stepchild.

If your stepchild resides abroad, after USCIS approves your Form I-130, it will transfer your case to the National Visa Center to begin consular processing. During this process, your stepchild may file a Form DS-260, Immigrant Visa Electronic Application, to request an immigrant visa to allow your stepchild to be admitted to the United States as an LPR.

Alternatively, if your stepchild is already in the United States, after USCIS approves your Form I-130, your stepchild may apply to adjust their immigration status to become an LPR by filing Form I-485, Application to Register Permanent Residence or Adjust Status.

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*This video does not constitute legal advice. Every case is different, and to get proper legal advice and analysis on your case please call for a consultation.

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