Can i petition my stepson

You may have noticed that the definition does not require a child to be a biological child or a child who was born to married parents. Their status will not be affected if their parents get divorced. They will meet the definition with regard to their father if they can establish a bona fide parent-child relationship with the father.

This also involves assuming the legal obligation to care for the child. It does not matter whether either the child or the father lives in the U. They usually will not be considered the child of the stepparent if their biological parent divorces or separates from the stepparent, or if the biological parent or the stepparent dies. An exception applies if the stepchild can show that they have maintained a relationship with the stepparent after the divorce or separation.

The two-year rule does not apply if the child has been abused by an adopting parent or a family member of the parent who lives in the same household. If the adopting parent adopts the biological sibling of the adopted child as well, the age limit increases from 16 to The same rule about siblings applies in this situation to increase the age limit from 16 to They must be under the age of 16 when the adopting parent or parents file the immigrant visa petition for them as an immediate relative.

Last reviewed October Immigration Contents. But filing for your step-child has important eligibility cut-offs that are affected by how well you document the case, your marital history, immigration history, criminal history, and the age of the child among other factors.

A strong immigration lawyer who knows what they are doing can help your case goes through the system as quickly as possible, which can be crucial in these types of cases. For more information about green cards and visas for step-children, click here or call us at Enter your text here.

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