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Can I bring my stepchild to the USA?

On Behalf of | Apr 28, 2022 | Common Immigration Questions and Problems |

As a permanent resident of the United States, something that you’ve been hoping to be able to do is to bring your stepchildren to the country. Although you are not related by blood, you’d like to be able to have them come to the country and live with you and their other parent.

If their other parent is not yet a permanent resident or naturalized citizen, you may still be able to bring your stepchildren to the USA. In the immigration process, a child is considered any genetic child born in or out of wedlock. It also includes stepchildren as long as the marriage occurred before your step-children turned 18.

Can I bring my stepchildren to the USA if they are over 18?

Under most circumstances, yes, so long as you and their mother or father were married before they turned 18. If you get married to another person with adult children, those adult children won’t automatically be eligible to come to the USA through the immigration program.

As a Green Card holder and permanent resident, you can bring your child, son or daughter to the USA using Form I-130 so long as your child is qualified. Once a visa becomes available, they’ll then file Form I-485.

Can you bring adult stepchildren to the USA?

Generally speaking, you cannot as a permanent resident unless you married their parent before they were 18. However, if you’re interested in getting your citizenship, then you may be able to get your citizenship and have more options for bringing your family and extended family to the United States.

Since you’re a stepparent, remember that you will need to provide evidence of your marriage to the children’s parent. You will also need to provide proof of divorces, either yours or the other parent’s.

It is a little complex to bring stepchildren to the USA, but the USA does recognize that stepchildren are close relatives of both permanent residents and naturalized citizens. If you’re not sure if your stepchildren qualify to come to the USA, it may be worth speaking with someone familiar with immigration law and learning more about your specific legal rights and theirs as well.