Q. What are the age requirements to be eligible for Keeping Families Together as a stepchild?
A. To be considered for this process as a stepchild of a U.S. citizen, you must have been under 21 and unmarried as of June 17, 2024. In addition, the legally valid marriage between your noncitizen parent and your U.S. citizen stepparent must have occurred on or before June 17, 2024, and before your 18th birthday.
Q. I was under 21 and unmarried as of June 17, 2024, and am the stepchild of a U.S. citizen. Am I eligible for Keeping Families Together?
A. Yes, if you meet all other criteria. You may be eligible for this process if, as of June 17, 2024, you were under age 21, unmarried, and met the definition of a stepchild under INA 101(b)(1)(B), including being under the age of 18 at the time of your parent’s marriage to your U.S. citizen stepparent. If you pursue adjustment of status, USCIS will determine whether, at the time of the Form I-130 filing, you met the INA definition of a child or of a son or daughter of a U.S. citizen. For more information on family-based immigration processes, please refer to USCIS resources.
Q. If I am a stepchild of a U.S. citizen, do I have to file my own individual request?
A. Yes. You must file your own Form I-131F, pay the $580 filing fee, and submit documentation establishing you meet the criteria for this process. Parents or legal guardians may sign and submit a request on behalf of a minor child under the age of 14. Children may also sign a request for themselves. If a parent is filling out the information on behalf of their child, the parent must include their information in the “preparer” section of Form I-131F.
Q. If I am making a request for this process as the stepchild of a U.S. citizen, must I have at least 10 years of continuous physical presence?
A. No. As a stepchild of a U.S. citizen, you must demonstrate continuous physical presence in the United States since at least June 17, 2024, through the date of filing. You are not required to demonstrate that you have been continuously physically present for 10 years before June 17, 2024.
Q. I am the stepchild of a U.S. citizen, and my noncitizen parent or U.S. citizen stepparent is deceased. Am I eligible under Keeping Families Together?
A. You may be eligible for this process if your noncitizen parent or U.S. citizen stepparent is deceased. However, a grant of parole does not guarantee eligibility for immigrant visa petition approval or adjustment of status.
Q. If I am granted parole in place under Keeping Families Together as a stepchild of a U.S. citizen, what will happen to me if my parent and U.S. citizen stepparent divorce before I am able to apply to adjust my status (before my parole period ends)?
A. If your noncitizen parent and U.S. citizen stepparent divorce, you may continue to be eligible as an immigrant petition beneficiary and for adjustment of status if your stepparent demonstrates an ongoing bona fide parent-child relationship to you. This might include evidence that you and your stepparent reside together or that your stepparent provides financial and emotional support for your care.