Immigration Corner | Can I file for my stepchildren?

Hello Mrs Walker-Huntington,

I married my husband seven months ago. He has three children in Jamaica, ages 17, 20 and 24. Do you think it is possible to file for all three? I have already submitted my husband’s I130 form, but I’m not sure what to do about the kids. I am a naturalised American citizen and I just need to know what steps to take.

– LG

Dear LG,

As an American citizen, you can petition for your stepchildren if the marriage to their father took place before they were 18. As indicated from the ages of your stepchildren, you would only be able to petition for the youngest child (age 17) to migrate to America. As the youngest is under 21 years old, he will be considered an immediate relative of an American citizen, and it should take about a year for him to get an interview – give some leeway on the time because of the pandemic backlogs.

Once your husband is a permanent resident (green card holder), he can petition for his unmarried children to migrate to America. A green card holder cannot petition for a married son or daughter. Both of his children may be over 21 by the time your husband becomes a permanent resident and will therefore be in the F2B preference category. It can take upwards of five years for a visa to become available for them.

You indicate that your husband’s children are back in Jamaica. This leads me to think that your husband might be in America with you during the filing. If this is so, he would be eligible to change his status to a permanent resident – if he entered the US legally. Consult with an immigration attorney to ensure that you are not delaying the process with your husband’s filing – if, in fact, he is in America during the process.

Dahlia A. Walker-Huntington, Esq, is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and international law in Florida. She is a diversity and inclusion consultant, mediator, and former special magistrate and hearing officer in Broward County, Florida. info@walkerhuntington.com