Green card for Stepchildren.
A stepparent who is a United States citizen or a legal permanent resident, may petition for their stepchild to become a legal permanent resident of the U.S if the stepparent and the child’s birth parent married before the child turned 18, they do not need to adopt the child to be eligible for this benefit.
If the stepchild already lives in the U.S, you may file Form I-130 with USCIS, and the stepchild may concurrently file Form I-485 to adjust status.
If the stepchild resides abroad, you may file Form I-130 on their behalf and once the petition is approved, USCIS will transfer the case to the National Visa Center for Consular Processing.
At this stage of the process, your stepchild may request an immigrant visa by filing a Form DS-260 Electronic Application, which will allow them to come to the U.S as a Legal Permanent Resident. Under U.S Immigration laws, a child is under the age of 21 years and unmarried.
You will need to file your petition with a copy of the stepchild’s birth certificate and a copy of your marriage certificate to the stepchild’s parent showing that the marriage took place before the stepchild’s 18th birthday.
You must also include evidence such as a divorce decree, death certificate or annulment decree, to show that any prior marriages were legally terminated.