In this article, you will learn:
- If an American citizen who is a minor can sponsor a non-citizen parent’s green card.
- Whether you can sponsor a stepchild.
- The effect illegal entry may have on these types of cases.
If A Child Was Born In The United States And Is An American Citizen, Can They Petition For Their Parents To Obtain A Green Card?
An American child born in the United States to non-American parents can petition for their parents to receive a green card. However, the question quickly becomes whether the parents can actually use the approved petition.
If the parents entered the United States legally but violated the terms to their visa and overstayed, the child’s petition, if approved, will be exercisable by the parent. However, there must have been a legal admission in order for the child’s petition to lead to a green card.
If the parents entered illegally, they would require an unlawful presence waiver because immigrants must complete a legal entry in order to get a green card. In this instance, in order to qualify for the unlawful presence waiver, you would need to show extreme hardship to a parent or a spouse that is a resident or a citizen, not a child. This would not likely be possible in a family-based visa case with these circumstances.
I Am A Permanent Resident And My Spouse Has A Child From A Previous Marriage. Can I Sponsor My Stepchild For The Green Card?
You can sponsor your stepchild’s green card if you married your non-citizen spouse before the child turned 18. In this situation, your stepchild is considered an accompanying relative on your spouse’s visa petition. This means that the benefits the parent acquires from their green card via the marriage apply to the child.
This is not all that applies to the child, however.
Requirements and obligations apply equally to the child if the marriage does not last beyond the conditional phase since they are an accompanying relative. The child would need to qualify for the waiver in this situation. It is difficult for the child to do this if the biological parent does not have enough documentary evidence or the stepparent-stepchild relationship ceases with the termination of the marriage.
With the guidance of a skilled attorney for Family Based Visa Cases, you can have the peace of mind that comes with knowing that we’ll make it look easy. For more information on Family Based Visa Cases in Virginia, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling
(703) 775-1438 today.