Family Visas That Can Help You Sponsor a Stepchild

If you are navigating the U.S. immigration system with your foreign-born spouse and your spouse has a biological child, figuring out how to use a family visa to bring your stepchild to the country is critical to keeping your family together. It is important to understand the immigration laws and rules for sponsoring a stepchild because the United States Citizenship and Immigration Services (USCIS) expects strict adherence to the rules, and any misstep can lead to delays or other complications that can make it very difficult to bring your stepchild to the country.

Since it is critical that your family stays together and the U.S. immigration process can be very complex, it can be advantageous to have the assistance of a legal professional. The Atlanta family immigration attorneys at Shirazi Immigration Law, Inc. can meet with you to discuss your unique situation and determine the right immigration solutions to help you be successful.

Family Visas Available for Sponsoring a Stepchild

 First and foremost, there are a couple of requirements that must be met for a stepchild to qualify for sponsorship through a family visa. The most important is the legal marriage of the stepparent to the biological parent. As long as these two parties are legally married, using a family visa to sponsor a stepchild may be possible. Additionally, the age of the stepchild and their marital status are also critical to qualify for sponsorship by way of a family visa.

In general, there are two types of family visas that may help a parent sponsor a stepchild.

Immediate Relative Visa (IR) 

Immediate Relative Visas are the most commonly used means to sponsor a foreign stepchild. An IR can be a quicker and easier way to bring families together, and it does not come with yearly limits. As long as the child is under the age of 21 and is not married, an IR could be the best option for bringing a stepchild to the country. A U.S. citizen stepparent must be married to the stepchild’s biological parent. The relationship between the stepparent and the stepchild must have been developed and established before the stepchild turns 18, the legal age of an adult in the U.S.

Family Preference Visa (F) 

Lawful permanent residents may use a family preference visa to sponsor a stepchild. Similar to the IR visa, a stepchild must be under the age of 21. The F visa does have annual limits, and processing times can be longer than those for IR visas; however, lawful permanent residents without U.S. citizenship may find the F visa the most viable option for sponsoring a stepchild.

Speak with an Atlanta Immigration Attorney Today 

Either the IR visa or the F visa may be appropriate for your situation, and which one you use largely depends on your immigration status.

For a consultation to discuss your immigration needs and case, please call Shirazi Immigration Law, Inc. at 404-523-3611. One of our Atlanta, GA, immigration lawyers is here to help.

Source:

uscis.gov/green-card/green-card-eligibility/green-card-for-immediate-relatives-of-us-citizen