Miami delivers a perfect blend of culture, adventure, and sunshine. If you’ve ever been to this city, you won’t want to leave again. However, relocation is not always as straightforward as it sounds. One complex aspect of family immigration is child and stepchild immigration.
Understanding how to petition for this type of visa will help eliminate unexpected delays and legal complications during the process. If you’ve ever asked questions like, What is it? Who qualifies for it? Here’s a guide for you. We will provide an overview of how child and stepchild immigration works in Miami. We will also explain everything you can expect while applying for it.
What Is Child and Stepchild Immigration?
As the name suggests, this is a family-based immigration category that enables children of U.S. citizens and permanent residents to obtain American citizenship. The process allows parents to reunite with their children and live with them.
Please note that the children referred to here are not defined solely by biology. Immigration laws specify other criteria that determine whether a son or daughter qualifies for this move. The requirements primarily focus on the child’s age, marital status, and the nature of their relationship with the sponsoring parent.
On the other hand, stepchild relationships are created through marriage and not by birth or adoption. However, a child can qualify to come through this route only if the marriage between their biological parent and stepparent happens before they turn 18. The authorities will enforce this timing requirement, regardless of the quality of the family’s relationship or the length of time they’ve lived together.
This type of immigration generally proceeds through different pathways, depending on the sponsor’s status. For example, children of lawful citizens may qualify as immediate relatives, whose relocation procedure is usually faster. On the other hand, children of lawful permanent residents will fall under the family preference category, where visa preference and waiting periods apply.
What Are the Requirements for Filing for an I-130 Form?
As you’ve read above, you can petition for citizenship for your stepchild. However, the process may not be as straightforward as you know. You will usually need to file the I-130 visa petition for an alien relative. If your stepchild resides abroad, the USCIS will transfer your case to the National Visa Center after approving your form.
Before applying for residency through this means, you must fulfil some basic requirements. The primary requirement is your citizenship. You (the petitioner) must be a citizen or a lawful permanent resident of the United States to apply. Secondly, you must have married the kid’s biological parent before the kid’s 18th birthday.
In addition to these requirements, you must prove the following:
- Financial standing: You must prove your ability to provide all the financial support your stepchild will need in the United States. This will usually involve submitting a support affidavit showing that you earn enough to support your household according to the federal poverty guidelines.
- Relationship with child: You must also provide valid proof that your relationship with the child involves marriage to the child’s parent. The parents can provide this proof either through their child’s birth certificate or their marriage certificate. Some officials may also request photos and previous chats with the child.
One of the most common reasons people experience delays is the unavailability or incompleteness of documentation. Therefore, we recommend researching it thoroughly in advance. Take a look at the requirements and due dates where necessary. An immigration lawyer will help you check your papers, so you don’t miss out on anything.
Who Can Sponsor a Child or Stepchild?
Yes, the law allows immigration for this category of children. But you still need to understand what’s involved to navigate it successfully. One of the first questions to answer is “Who sponsors a child?” The truth remains that the U.S immigration law only allows specific individuals to sponsor this kind of move. Eligibility is primarily dependent on the sponsor’s immigration status and their legal relationship with the child or stepchild. The Immigration and Nationality Act (INA) define the key requirements for qualifying as a sponsor.
The law gives the broadest sponsorship rights to U.S. citizens. A legally certified citizen may petition for a biological, step, or adopted child. Unmarried children under 21 years old are also considered immediate relatives. This class of relatives is subject to an uncapped annual number of immigrant visas. But beyond numbers, the speed of processing this type of visa also stands out.
That’s not to say you can’t also sponsor children over the age of 21. However, these cases fall under family preference categories and are subject to backlogs.
Lawful permanent residents (green card holders) can also sponsor children and stepchildren, although with more limitations. A permanent resident may petition for unmarried children under 21 years of age. Unlike legal citizens, immediate relatives of permanent residents are classified as family-preference category immigrants. Visa availability here depends on annual numerical limits and priority dates, typically published by the Department of State. Therefore, processing times can be significantly longer.
For stepchild sponsorship, you’ll be required to provide additional legal requirements, irrespective of your (sponsor’s) status. Without fulfilling these conditions, the child won’t qualify to move, regardless of how genuine or longstanding the family relationship is.
Again, it all boils down to the sponsoring parent’s ability to demonstrate a valid legal relationship with the child or stepchild. They must also meet all financial sponsorship requirements.
Required Forms and Documents
Now that we’re clear about relationship issues, it’s also important to talk about documents. You want to ensure the proper USCIS forms are submitted. But beyond those, you must also submit detailed supporting documents to prove eligibility. Here, let’s review the required forms and documentation.
- I-130 Petitions for Alien Relatives: This is a relatively popular option. It is the foundation of any child or stepchild immigration case. The paper enables you (the sponsoring parent) to establish a parent-child relationship. It’s usually the first documentation that the USCIS reviews to determine whether your relationship with the said children meets legal requirements.
- I-485 (Application to Adjust Status or Register Permanent Residence): This one works for children who are already in the United States and are eligible for status adjustment. They will be required to complete the form to request permanent residence. However, we recommend verifying eligibility before filling out the form. The information includes factors such as availability and the sponsor’s status.
- I-864: Remember, we talked about demonstrating financial ability when applying for a USCIS child petition? I-864 is the document you’ll need to submit to prove such. This form is designed to show that the beneficiary will not become a public charge.
- Proof of Qualifying Relationship: The USCIS requires that you present official documents to show that the beneficiary is your child or stepchild. Some of the paperwork you will need to show includes:
- Birth certificates showing your name as the parent
- Adoption decrees and proof of legal custody (where relevant): Divorce decrees or death certificates from previous marriages (where applicable)
Please note that the required documentation may vary depending on different factors. Therefore, you must carefully review all the essentials before submitting. Incorrect information in any or all the forms may result in unnecessary delays. You can hire an experienced lawyer to help explain the forms and how to fill them out before submitting.
Common Issues That Can Delay Approval
Most of the time, when problems arise in the approval process, the issues are more about eligibility than technicality. Thus, you must understand the common problem areas when applying for the I-130 for a child to avoid silly mistakes and their consequences. Here are some common problems:
Incomplete or inconsistent documentation
One of the most common reasons applications may experience delays is the presence of missing or conflicting documents. Even the slightest mistakes can trigger a request for further evidence. We’ve also seen cases where people face added scrutiny because they failed to properly document their qualifying marriage.
Age issues
Here’s another common reason why one can delay this kind of move. Under United States immigration law, the child must be under 21 and unmarried to qualify. This factor leaves the possibility of aging out because of the delayed processing time. Yes, the law also provides for limited relief in this situation, but the application is generally complex and dependent on filing dates and visa availability.
Lawful entry and status issues
If the said child is applying for this visa from within the country, you’ll need to provide proof of lawful entry. Note that unauthorised stays can still extend approval time.
Prior immigration violations
If you or the said child has any history of immigration fraud or misrepresentation, the agency may delay approval. We’ve also seen cases where past areas (intentional or unintentional) raise suspicions.
Criminal or security-related issues
Despite being less likely to have a criminal history, children can still have juvenile records and security concerns. If they do, the immigration authorities may seek further clarification of the details. And you know this can cause further delay to the process.
From the above, it is evident that this type of immigration involves a detailed legal process and strict eligibility rules. This scrutiny leaves very little room for error, which is why you need adequate guidance. We recommend having an experienced attorney who understands what’s involved. You can always leverage their experience to ensure your case is evaluated correctly and filed in compliance with all immigration laws.
The Coleman Law Group Can Help You
Why go through the process of applying for a child’s green card through parents alone when you can contact us to help? We’re easy to reach and always available to handle complex and straightforward immigration cases. The team of attorneys at Coleman Law Group understands how easily this kind of case can affect your family. Hence, we’ve developed a standard template that we can adjust to suit the unique intricacies of your case.
Our attorneys are both qualified and experienced in this field. So, there’s hardly any chance for error when you leave it to us. We offer flexible payment plans to suit different needs. So, your finances shouldn’t prevent you from getting adequate representation when filing for child and stepchild immigration.
Frequently Asked Questions
- What age is considered a minor for immigration?
The law defines minors and children as unmarried people below 21.
2. What happens if the child passes the approved age during the process?
Turning 21 during the process will lead to what’s called aging out or losing eligibility. However, the Child Status Protection Act can freeze their age, potentially putting them in a faster category.
3. What is the most obvious reason people get deported?
The most common reason for deportation is criminal activity. Other reasons exist, and you can find them on the official USCIS website.
Coleman Law Group offers comprehensive legal services. We handle all immigration and personal injury cases. We dedicate ourselves to walking with you until you get the best result.
