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A stepmother or stepfather can file an I-130 family petition for their step child if they meet all the requirements. If the stepparent is a US Citizen, the children may also be eligible to apply for a green card at the same time.
Stepparent/Stepchild: If your petition is based on a stepparent-stepchild relationship, you must file your petition with a copy of the marriage certificate of the stepparent to the child's natural parent showing that the marriage occurred before the child turned 18 years of age, copies of documents showing that any
Bringing Unmarried, Under-21 Stepchildren to the United States. Stepkids who are under the age of 21 and who are not married are considered immediate relatives of an American citizen.
If you are a U.S. citizen, you can file a petition for your foreign-born spouse and, under certain situations, the children of your spouse. To petition for your spouse's children, they must be unmarried, under 21 years old, and have been under the age of 18 at the time of your marriage to your spouse.
Immigration and Adjustment Options for StepchildrenYou are not required to adopt your stepchild to petition for them. You may petition for your stepchild by filing a Form I-130, Petition for Alien Relative, with USCIS on behalf of your stepchild.