Green Card for Stepchildren Lawyer NYC | Feiner & Lavy Law Firm

If you are a United States citizen or a permanent resident, you may be wondering what the immigration options might be for your child or children. If you are a United States citizen, then you may petition for a green card for your unmarried children (age 21 and younger), your unmarried sons or daughters (any age), and married sons or daughters of any age.

Additionally, your son or daughter’s spouse and children may be included in the petition. If you are interested in petitioning for a green card for your stepchild or stepchildren, a Green Card for Stepchildren Lawyer NYC can help.

Can I Petition for a Green Card for My Stepchild?

In many cases, yes, you can petition for a green card for your stepchild. Stepchildren are included in the definition of a child for purposes of the immigration process. However, there is a limitation in that the marriage that creates the stepparent-stepchild relationship must have occurred prior to the child turning 18 years of age. A Green Card for Stepchildren Lawyer NYC can guide you through the legal process of submitting this petition.

Who Is Considered a Child for the Purpose of the Immigration Process?

There are multiple definitions for who is considered a child for the purpose of immigration. For this purpose, a child falling into any of the following categories is considered a child for immigration purposes:

• A genetic child born to married parents
• A genetic child born to unmarried parents
• A stepchild, as long as the marriage creating the step relationship occurred before the child turned 18
• A child who was born through the use of Assisted Reproductive Technology to a non-genetic gestational mother who was recognized as the child’s legal parent under the law of the relevant jurisdiction at the time of the child’s birth
• An adopted child, as long as the child was either adopted before the age of 16 or before the age of 18 if certain circumstances apply, and the adoptive parent has satisfied the two-year joint residence and legal custody requirements

What Do I Need to Include with My Petition for a Green Card for My Stepchildren?

There are some required documents that must be included with your petition for a green card for your stepchild or stepchildren. The petition that you will file to request their tarjeta verde is called Form I-130, Petition for Alien Relative. When you hire a Green Card for Stepchildren Lawyer NYC, he or she will be able to help you prepare the petition and help you through the entire application process.

First, you must complete and sign Form I-130, making sure to include the proper fee. As supporting documentation, you will also need to include evidence of your U.S. citizenship. You can do this by providing one of any of the following documents:

• A copy of your United States birth certificate
• A copy of your unexpired U.S. passport
• A copy of your certificate of citizenship
• A copy of your naturalization certificate
• A copy of Consular Report of Birth Abroad

If you are a permanent resident of the U.S., you must demonstrate your status by providing either a copy (both front and back) of Form I-551 (Green Card) or a copy of your foreign passport that has a stamp that shows temporary evidence of permanent residence.

Also, if your name or child’s name has changed, you will need to include proof of the legal name change. Proof of the change can be in the form of a marriage certificate, adoption decree, divorce decree, a court judgment of the name change, or a similar form of documentation.

Additionally, you will need to include documents that demonstrate proof of the relationship between you and your stepchild or stepchildren. You can do this by including the following documentation:

• A copy of your civil marriage certificate to your stepchild’s parent (genetic or legal gestational parent)
• A copy of your stepchild’s birth certificate as issued by civil authorities
• Proof of the legal termination of any and all previous marriages for both you and the genetic parent or legal gestational mother (death certificate, annulment decree, or divorce decree)

What Is Conditional Permanent Resident Status?

If you are petitioning for a stepchild to receive a green card and you have not been married to their genetic parent or legal gestational mother for two years at the time the child receives permanent residence, then the child will be granted conditional permanent resident status. Once the conditions have been met, you can file Form I-751, Petition to Remove the Conditions on Residence.

When this petition is approved, the conditional basis will be removed. A Green Card for Stepchildren Lawyer NYC can help you determine if the conditional permanent resident status will be an issue in your case and can help you with the entire process.

Do I Need to Hire a Green Card for Stepchildren Lawyer NYC?

You do not necessarily need to hire a Green Card for Stepchildren Lawyer NYC to file a Form I-130 petition; however, doing so can make the entire process much easier and may give you a better chance at a favorable outcome. A Green Card for Stepchildren Lawyer NYC will understand the filing process of a Form I-130 petition and will be able to help you create a complete and accurate petition that includes all of the necessary documentation required for a successful application. It is often in your best interest to hire an attorney to handle immigration matters so that you can ensure things are done properly and done correctly the first time around.

The New York immigration attorneys at Feiner and Lavy, P.C. have many years of experience successfully handling Form I-130 petitions for green cards for relatives of United States citizens and permanent residents, including their stepchildren. Contact our office today to schedule a consultation to meet with a Green Card for Stepchildren Lawyer NYC, and get started with the green card process.