Not every step-child qualifies to have their status adjusted and become a permanent resident of the U.S. In order to qualify, the step-child must meet the following criteria:You must have married your step-child’s parent before the child turned 18.
If you a U.S. Citizen, then your step-child can be unmarried or married. They also can be any age. You may also petition for their spouse and unmarried children under 21 to join you in the U.S.
If you are a permanent resident, then you can adjust the status for a step-child of any age so long as they are unmarried. You cannot apply for a married step-child. However, you can apply for any unmarried children your step-child has.;
, You need to download and complete Form I-130, Petition for Alien Relative, in order to start the process. You can download the form from the United States Citizenship and Immigration Services (USCIS) website.You may also order forms by contacting USCIS at 1-800-870-3676 or the National Customer Service Center at 1-800-375-5283.
 Instructions are also available for download from the USCIS website. You should download them and read them as the process for applying can vary slightly depending on your circumstances., You should fill out the form using a typewriter or writing neatly using black ink. If a question doesn’t apply to you, then write “N/A” or “not applicable.” The form will ask for the following information:your personal information as the sponsor, including name, address, date of birth, and place of birth
the step-child’s personal information
the sponsor’s Alien Registration Number (if applicable) and Social Security Number
the step-child’s Alien Registration Number and Social Security Number (if applicable)
marriage information for both the sponsor and the step-child
the step-child’s arrival and departure information, if already in the U.S.
the address where your step-child intends to live
information about your step-child’s family, including spouse and children

, Your stepchild also needs to complete and submit Form I-485, Application to Register Permanent Residence or Adjust Status. If you are a U.S. citizen, then you can submit this form along with your I-130. If not, then your stepchild submits the form when a visa becomes available.You can download the form from the USCIS website, along with its instructions.Your step-child should also read the instructions closely, since they will identify what supporting documents he or she needs.
 If you are a U.S. citizen, then you need to submit proof to USCIS so that they can process your petition properly. You may submit any of the following as evidence of your citizenship:copy of your U.S. birth certificate
copy of an unexpired U.S. passport
copy of your Consular Report of Birth Abroad
copy of your naturalization certificate
copy of your certificate of citizenship

, If you are not a U.S. citizen but a permanent resident, then you also need to submit proof of your status. You can submit one of the following as proof:


copy of your Form I-551 (green card), both front and back
copy of your foreign passport which shows the stamp for permanent residence

, USCIS also wants to see that you are actually related to the step-child. Accordingly, you should collect sufficient proof, which could include the following documents:copy of your step-child’s birth certificate (obtained from the proper civil authority)
copy of your marriage certificate to the step-child’s parent
proof that any of your previous marriages were terminated, such as by divorce, annulment, or death

, You need to pay a $420 fee to file your Form I-130. You can pay by check or money order made payable to “U.S. Department of Homeland Security.” Don’t use abbreviations like “DHS” or “USDHS.”The check must be payable in U.S. Dollars.
Your step-child also has to pay a filing fee. Form I-485 has a $985 filing fee, along with an $85 biometrics fee for all applications aged 14 to 78.The fee should also be made payable to “U.S. Department of Homeland Security.”

, To find out where to send your application, you should read the instructions for Form I-130. You will send it to either the Chicago or Phoenix office, depending on the state where you live.Your step-child will submit his or her Form I-485 when a visa becomes available.Always remember to make a copy of your entire application packet for your records.
You should also send the application certified mail, return receipt requested. Hold onto the receipt.
 You might be able to submit your Form I-130 along with your step-child’s Form I-485. However, you can only submit jointly if your stepchild is already in the U.S. and is unmarried. You must also be a U.S. citizen. If any of these conditions does not apply to you, then you must submit your forms individually.


To submit jointly, send the joint application to USCIS, PO Box 805887, Chicago, IL 60680-4120.If you are using a courier service or express mail, then send the application to USCIS, Attn: FBAS, 131 South Dearborn—3rd Floor, Chicago, IL 60603-5517.
 Your spouse will also be granted this conditional status. They will receive a conditional resident card.Pay attention to the expiration date on the card. The conditional status is only good for two years.
 You can remove the conditional status by downloading and completing Form I-751, Petition to Remove Conditions on Residence. You and your spouse must complete the form together unless you are separated, divorced, or your spouse fears violence. You must complete the petition at least 90 days before the expiration date on the conditional resident card. Once the form is approved, your step-child and spouse will become permanent residents.


The form is available at the USCIS website. You should download the form and its instructions.Don’t forget. If the conditional resident card expires, then your step-child and spouse could be removed from the country.
 You can include your spouse and step-child on the same form if they obtained conditional resident status on the same day. If not, then each needs to complete a separate form. The form will ask for the following information:the conditional resident’s personal information, such as all names used and address
the conditional resident’s date of birth and country of birth
immigration information for the conditional resident, including Alien Registration Number, Social Security Number, etc.
the conditional resident’s marital status
a physical description of the conditional resident
information about the U.S. citizen or permanent resident who sponsored the immigrant, including name, date of birth, and address
information about the sponsor’s children
any disability (either sponsor or conditional resident)
information on the translator (if one was used)

, You need to provide quite a bit of supporting documentation along with your Form I-751 petition. You should gather the following and submit it with the petition:Copies of permanent resident or alien registration cards. You should make copies of the front and back sides.
Evidence of the marriage. Essentially, USCIS wants to see that the marriage wasn’t a sham simply to get green cards for your spouse and step-child. You can provide birth certificates of other children you had together with your spouse or financial records showing joint ownership of property, bank accounts, or loans.
Any other document that shows the marriage was in good faith.
 You must pay $505 as a filing fee. You also need to pay $85 for a biometric services fee, which is required for all conditional residents. If you are using one application for both your spouse and step-child, then include the $505 fee and two $85 fees ($170 total) for biometrics.You can pay using a check or money order payable to “U.S. Department of Homeland Security.” Don’t abbreviate to “USDHS” or “DHS.”
Fees are subject to change, so you should call the USCIS National Customer Service Center at 1-800-375-5283 to ask for updated fee information.
If you can’t afford the fee, you might qualify for a fee waiver. You should complete Form I-912 and provide evidence of your inability to pay., Gather together the form, supporting documents, and your check or money order. Make a copy of the entire packet for your records. Then secure the packet in an envelope. You should mail the application certified mail, return receipt requested so that you know when it was received.


You must call 1-800-375-5283 to find out where to mail your application., The conditional resident might need to have fingerprints or photographs taken. Collectively, this is called “biometrics.” USCIS will contact you in writing if an interview or biometrics are necessary., You might run into a snag along the way, so you should always consult with a qualified immigration attorney. You can find an immigration attorney by contacting your local or state bar association and asking for a referral.
Identify if your step-child qualifies.
Download Form I-130.
Read the instructions.
Complete the form.
Have your stepchild complete a form.
Find proof of your citizenship.
Get proof of your permanent status.
Collect proof of your relationship to the step-child.
Pay the filing fee.
Submit your Form I-130.
Check if you can submit the forms together.
Understand “conditional permanent resident status.” Your step-child will be granted “conditional permanent resident status” if you had been married to your step-child’s parent less than two years at the time they are granted residential status.
Download Form I-751.
Complete Form I-751.
Pull together supporting documents.
Pay the filing fee.
Submit the form.
Have biometrics taken.
Contact an immigration attorney with questions.
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