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Sponsoring a Stepchild for a Green Card
As a U.S. citizen or lawful permanent resident (green card holder), you are able to sponsor a stepchild for lawful permanent residency in the United States. As with sponsoring any relative, there are specific requirements that must be followed. In the case of a stepchild, there are also issues of timing involved. Read on to learn what you need to do to sponsor your stepchild, and the help that is available to make the process go smoothly.
Requirements to Sponsor a Stepchild for a Green Card
In order to sponsor a stepchild for a green card, you must be a U.S. citizen or green card holder yourself. In addition, your marriage to the child’s biological parent must have happened before the child’s 18th birthday.
If your marriage to your stepchild’s biological parent occurs less than two years before your stepchild’s visa is approved, they will be granted a conditional green card that is valid for two years, and will have to eventually petition to have conditions removed from their lawful permanent resident status.
If you’re a U.S. citizen, your stepchild must be unmarried and under the age of 21 years for priority immigration as an “immediate relative.” If your stepchild is classified as an immediate relative and the petition to sponsor them (Form I-130) was filed before they turn 21, they will not “age out” of the process.
You can still petition for a stepchild over the age of 21 so long as you married their parent before the child turned 18. However, your stepchild over age 21 is not classified as an immediate relative for purposes of immigration; instead, they will be placed in the F1 preference category (for unmarried son or daughter of U.S. citizens) or F2B (for unmarried sons or daughters of green card holders). Wait times for the F1 preference category may be several years, depending on the country; wait times for F2B are even longer, due to visa caps.
If a stepchild marries and the sponsoring stepparent is a green card holder, the stepchild becomes ineligible for placement in the F2A or F2B category. However, if the sponsoring stepparent becomes a U.S. citizen, the married stepchild is eligible for the F3 category (married sons and daughters of U.S. citizens). Wait times for the F3 category tend to be even longer than those for F2B.
What is the Process for Sponsoring a Stepchild?
As the sponsoring U.S. stepparent, you must file Form I-130 (Petition for Alien Relative). Along with the petition, you must include:
- Proof of your own U.S. citizenship or lawful permanent residency, such as your U.S. passport or green card;
- Your marriage certificate for your marriage to your stepchild’s biological parent;
- Your stepchild’s birth certificate;
- Proof of the parent-child relationship between your spouse and your stepchild;
- Proof that your marriage to your spouse occurred before your stepchild turned 18.
An I-130 also has a filing fee of $625 (if filed online through a USCIS account) or $675 (if filed by mail) as of 2025. The review and processing time for the petition may take several months, and during the review of your petition, USCIS may make a request for additional evidence, which you will need to fulfill to allow the process to move forward.The next step in the process depends on where your stepchild is located.
If your stepchild is located in the United States, you will need to petition for an adjustment of their status using Form I-485 (Application to Register Permanent Residence or Adjust Status) if there is a visa immediately available. If you are a U.S. citizen and your stepchild is under 21, you may be able to file Form I-485 concurrently with I-130. In addition to Form I-485, you will also need to file I-864 (Affidavit of Support), I-693 (Report of Immigration Medical Examination and Vaccination Record) along with the applicable filing fees.
If your stepchild is located outside the U.S., they will have to go through consular processing. Once the I-130 Petition for Alien Relative is approved, the case will be transferred to the National Visa Center (NVC). Your stepchild will need to complete Form DS-260 (Immigrant Visa Electronic Application) online and attend an interview in their home country. At the interview, the consular officer will verify their documents and ask questions. Upon approval, an immigrant visa will be placed in your stepchild’s passport.
The immigrant visa is typically valid for six months, and your stepchild must enter the United States during that time. Upon entry into the U.S., your stepchild is a lawful permanent resident, and will receive their green card by mail.
Getting Help Sponsoring a Stepchild for a Green Card
Because the timing of a petition to sponsor a stepchild is so critical, it is usually a good idea to speak with an experienced immigration attorney to ensure you are taking the right steps in the right order. To learn more about sponsoring a stepchild for immigration, or to get help completing the required documentation, contact our law office to schedule a consultation.
Categories: Immigration Law