Step-Child to Permanent Resident: Understanding the Adjustment Process

Navigating the immigration process for a step-child can be complex but understanding the requirements can help ensure a smooth transition to lawful permanent resident (LPR) status. Here’s a detailed guide on how a U.S. citizen (USC) can petition for their step-child and the specific conditions that must be met.

Establishing the Step-Child-Step-Parent Relationship

A crucial requirement is that the step-child-step-parent relationship must be established before the child turns 18. This means the USC must marry the child’s biological parent before the child’s 18th birthday. Once this relationship is established, the step-parent can file an I-130 petition for the step-child once the step-parent is 21 years old.

Impact of the Biological Parent’s Immigration Status

The immigration status of the biological parent plays a significant role in the process:

1. If the Biological Parent is a Lawful Permanent Resident (LPR): The step-child can benefit from their USC step-parent’s petition to avoid potential backlogs associated with the family second preference category. This can significantly reduce the waiting time for visa availability.

2. If the Biological Parent is a U.S. Citizen: In this scenario, the child is already considered an Immediate Relative under U.S. immigration law. This means the child can directly apply for adjustment of status without needing a separate step-parent petition, as immediate relatives have visa numbers available immediately.

Criteria for Adjustment of Status

The step-child can adjust their status to an LPR if they meet specific criteria:

1. Admission or Parole into the U.S.: The step-child must have been lawfully admitted to or paroled into the United States. This means entering the U.S. legally through an official port of entry and with proper documentation.

2. Visa Eligibility: They must be eligible for the relevant immigrant visa category. For step-children of U.S. citizens, this typically means being classified as an Immediate Relative, which includes spouses, children (unmarried and under 21), and parents of U.S. citizens.

3. Admissibility: The step-child must be admissible to the United States. This includes passing background checks, health examinations, and not having disqualifying factors such as certain criminal convictions or immigration violations. If there are grounds for inadmissibility, the step-child may be eligible for a waiver, but this will require additional steps and approval from immigration authorities.

Important Considerations

It's essential to note that a step-child cannot adjust their status before their USC step-parent becomes an LPR. This means the step-parent must first secure their own lawful permanent residency status before they can petition for the step-child.

Steps to Adjust Status

1. File Form I-130: The USC step-parent must file Form I-130, Petition for Alien Relative, to establish the qualifying relationship.

2. File Form I-485: Once the I-130 is approved, and if the visa number is available, the step-child can file Form I-485, Application to Register Permanent Residence or Adjust Status.

3. Attend Biometrics Appointment: The step-child will be scheduled for a biometrics appointment to provide fingerprints, photographs, and a signature.

4. Attend an Interview: Both the USC step-parent and the step-child may be required to attend an interview with USCIS to verify the details of the relationship and the application.

5. Receive Decision: After reviewing the application and interview, USCIS will make a decision. If approved, the step-child will receive their green card.

Conclusion

The adjustment of status process for a step-child requires careful attention to detail and adherence to specific requirements. By understanding the relationship requirements, eligibility criteria, and necessary steps, U.S. citizens can successfully navigate the immigration process for their step-children, paving the way for a secure and lawful stay in the United States. Seeking guidance from an experienced immigration attorney can also provide valuable assistance and increase the likelihood of a successful application.