👨👧 U.S. immigration law allows stepchildren and adopted children to qualify for family-based green cards, but special age and legal requirements apply. These categories often raise questions, especially in blended or international families.
This guide explains how U.S. citizens and green card holders can bring their stepchildren or adopted children to live permanently in the U.S.
Green Cards for Stepchildren
👩👦 Who Qualifies?
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The child must have been under 18 years old at the time of the marriage between the U.S. petitioner and the child’s biological parent.
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The step-relationship must still be legally valid at the time of petitioning.
✅ Who Can File?
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U.S. citizens and green card holders can petition for unmarried stepchildren under 21.
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U.S. citizens can also sponsor married stepchildren, but in a separate category with longer wait times.
📝 Documents Needed
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Marriage certificate showing relationship to biological parent
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Child’s birth certificate
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Evidence that the marriage occurred before the child turned 18
Green Cards for Adopted Children
👶 Who Qualifies?
There are two categories based on where the adoption occurred:
1. U.S. Domestic or Legal International Adoption
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Child must have been under 16 when adopted (or under 18 if a sibling was adopted at the same time).
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The adoptive parent must have legal custody and have lived with the child for at least 2 years.
2. Orphan or Hague Adoption (International Only)
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Must follow either the Hague Convention or U.S. orphan adoption process.
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Typically involves coordination with USCIS, the Department of State, and foreign adoption agencies.
📄 Documents Needed
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Final adoption decree
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Proof of legal custody
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Proof of physical cohabitation (photos, affidavits, lease agreements, school records)
Processing Steps
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File I-130 or I-600/I-800 (Adoption Cases)
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Submit supporting documents
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Attend consular interview abroad or apply for Adjustment of Status if in the U.S.
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Green card is issued upon approval
Special Considerations
📆 Age Cutoff Is Strict
Even one day over the age limit (16 for adopted children, 18 for stepchildren) may invalidate eligibility.
🌐 Country-Specific Rules
If adopting internationally, the child’s country must allow U.S. intercountry adoptions and either follow Hague rules or orphan processing.
🧑⚖️ Proving Genuine Parent-Child Relationship
This is especially important for stepchildren in short marriages or adopted children who were older at time of adoption.
How BorderlessLawyers Supports You
We offer:
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Guidance on adoption and stepchild eligibility
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Document verification and legal custody support
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Compliance with international adoption treaties
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Full USCIS and consular process management
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Confidential legal advice for complex family histories
FAQs
Q: Can I sponsor my stepchild if I’m no longer married to their parent?
No. The step-relationship must still exist legally through your marriage to their biological parent.
Q: My adopted child is over 16. Is there a solution?
In some cases, adoption of siblings or other humanitarian options may apply—ask us.
Q: What if my adopted child hasn’t lived with me for 2 years?
They may still qualify under the orphan or Hague adoption categories.
Every Child Deserves a Home—and Legal Protection
Whether your child is a stepchild or adopted, BorderlessLawyers ensures your family stays together under U.S. immigration law—with precision, care, and compassion.