👨‍👩‍👧 Green Card for Stepchildren of U.S. Citizens
A U.S. citizen can sponsor their stepchild for a green card through the Immediate Relative (IR) category, but only under specific conditions. U.S. immigration law recognizes stepparent-stepchild relationships only when the marriage creating that relationship occurs before the child turns 18.
âś… Who Is Eligible?
To sponsor a stepchild for a green card:
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The stepchild must be unmarried and under age 21.
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The marriage between the biological parent and U.S. citizen must have occurred before the child’s 18th birthday.
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The stepchild does not need to be legally adopted by the U.S. citizen.
đź“„ Required Documentation
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U.S. citizen’s proof of citizenship (passport, naturalization certificate).
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Marriage certificate showing marriage occurred before child’s 18th birthday.
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Birth certificate of the child.
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Proof of the stepparent-stepchild relationship (e.g., shared residence, photos, joint travel).
🛂 Application Process
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Form I-130 (Petition for Alien Relative) filed by the U.S. citizen.
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If the child is abroad: proceed through consular processing using Form DS-260.
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If the child is in the U.S.: file for adjustment of status using Form I-485.
⏱️ Processing Time
There are no annual quotas for immediate relatives, so the process is typically faster than other family-based petitions. Expect 8 to 14 months on average.
🧒 What if the Stepchild Turns 21?
If the I-130 petition is filed before the child turns 21, they may still be considered a “child” for immigration purposes under the Child Status Protection Act (CSPA), allowing them to retain eligibility.
🛑 Common Pitfalls
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Marriage to the biological parent after the child turns 18 disqualifies the stepchild.
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Incomplete documentation or missing proof of relationship can cause delays or denials.
📞 Contact Borderless Lawyers to protect your stepchild’s future and ensure a smooth green card process.