In this video attorney Jacob Sapochnick will discuss a very important topic: can a step-parent, who is a U.S. Citizen, petition for a step-child to immigrate to the United States?
USCIS takes the position that as long as the marriage between the U.S. Citizen and foreign national takes place before the child turns 18, that child can immigrate to the United States on the same I-130 petition.
This situation arises where the U.S. Citizen’s foreign spouse has children from a previous marriage, and the U.S. Citizen is interested in petitioning for the child to immigrate along with the foreign national spouse.
If the child is older than 18 at the time of the marriage between the U.S. Citizen and foreign national takes place, the child must find an alternative means of obtaining permanent residence.
The location of the marriage does not matter, rather the child’s age at the time of the marriage is what is key here.
For more information about this topic please click here.
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