If you are a U.S. citizen or a lawful permanent resident (LPR), it is possible to bring your stepchild to the U.S. and sponsor their green card. One of the best ways to do this is to file an I-130 visa or a petition for an alien relative.
What are the requirements for an I-30 visa?
First and foremost, you (the petitioner) must be a U.S. citizen or a lawful permanent resident. Second, your marriage to the child’s biological parent must have taken place before the child turned 18. These are the most basic requirements.
Next, you will need to prove the following:
- Financial capability: You must be able to financially support your stepchild. This typically involves submitting an affidavit of support, which shows that your income meets or surpasses the federal poverty guidelines for your household size.
- Relationship with the child: Additionally, you need to show proof of your relationship with the child and their biological parent. For example, you can present a marriage certificate, birth certificate, photos and communications like texts or letters.
A common reason for denials and delays is incomplete documentation. It is crucial that you submit all the required documents, as well as support documents to show that your relationship is legitimate and that you can support your family.
When do you need to file the petition?
You must file the I-30 petition before your stepchild turns 21 and gets married. Moreover, your child needs to be under 21 when they receive their green card. However, children typically qualify for approval if they turn 21 while waiting for their green card.
Note that the process is different for stepchildren over 21 and/or are married. This is because the U.S. Citizenship and Immigration Services (USCIS) considers unmarried children under 21 as your immediate relatives.
If they are married and/or over 21, they fall under the family preference categories. This means they must wait for a visa to become available, which can take years.
What is the filing process like?
Filing an I-30 petition is relatively simple. Generally, this is how it works:
- You fill out and file the petition.
- You wait for USCIS to review the petition.
- You receive an approval, a denial or a request for more information.
Again, proper documentation is key to avoiding any delays. Another great way to make the process easier is to consult an immigration attorney. They can help you fill out forms correctly, gather the right evidence and address any issues that may arise.