Eligibility Requirements for Sponsoring Step Children In the United States Through Family Visas
If you are navigating the immigration process for your foreign spouse and stepchild, a question you may have is how you can ensure that you can sponsor your stepchild through a family visa in the United States. You love your foreign spouse and your stepchild, but because the child is not biologically your own, you could be concerned about what obstacles may be present for bringing them to the U.S. so your family can be whole.
Since the strength and happiness of your family means having everyone together, it is critical that if you have a foreign stepchild, you determine the requirements for sponsoring them for immigration benefits. As a result, knowing the eligibility criteria, requirements, and legal pathways that are available will make your journey go much more smoothly.
If you are unsure where to start or have questions, you can consult with an attorney. An Atlanta family immigration attorney at Shirazi Immigration Law, Inc. can answer your questions and discuss your options for bringing your spouse and stepchild to the U.S.
Requirements to Sponsor a Step Child With a U.S. Family Visa
Two essential elements must exist to sponsor a stepchild through a family visa.
Ensuring that Step Children Meet U.S. Immigration Law’s Definition
Stepchildren, under U.S. immigration law, are defined as a spouse’s biological offspring from a previous relationship. The relationship between the stepparent and their stepchild must have been established and begun before the child becomes a legal adult, which in the U.S. is 18 years of age. While there must be a relationship before the child is 18 years of age, there is no requirement for the stepparent to formally adopt the stepchild. As long as the stepparent is married to the stepchild’s biological parent, it’s enough to qualify under the definition of a stepchild. Although, a stepchild must not marry or be married if they would like to use an Immediate Relative (IR) visa as a means to come to the country.
Complete Adherence to the Rules
The rules for sponsoring a stepchild are that a stepchild must be under the age of 18, that a relationship between the stepchild and the stepparent clearly began before the child was 18, and that the stepchild remains unmarried to be able to come to the U.S. under some family visas. When it comes to sponsoring a stepchild, it is essential that the sponsor has all of the required documentation and that the relationship’s timing and the child’s age are accurate. The details matter because United States Citizenship and Immigration Services (USCIS) strictly enforces the rules.
Speak with an Atlanta Immigration Attorney Today
To summarize, the most important requirement for sponsoring a stepchild through a family visa in the U.S. is the marriage between the stepparent and the biological parent. Next are the stepchild’s age, the stepparent’s relationship with the stepchild, and the stepchild’s marital 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.
