A step-child, as long as the marriage creating the step-relationship occurred before the child turned 18.A child born through Assisted Reproductive Technology (ART) to a non-genetic gestational mother who is recognized under the law of the relevant jurisdiction as the child’s legal parent at the time of the child’s birth.If the father is petitioning and the relationship is not legitimated under applicable laws, a bona fide parent-child relationship must be shown to have existed prior to the child’s 21st birthday and while the child was unmarried.If the father is petitioning, legitimation is required in accordance with the laws of the father or child’s place of residence.If the mother is petitioning, no legitimation is required.For more information, see the How Do I Guides.įor immigration purposes, a child can be any of the following: If you fail to file during this time, your spouse and/or your child’s status will be terminated and they may be subject to removal from the United States. If the child became a permanent resident more than 90 days after your spouse, the child will need to file a separate Form I-751.įorm I-751 must be filed within the 90-day period prior to the expiration date on the conditional resident card. If your spouse and child became CPRs at the same time or within 90 days, the child can be included in your spouse’s petition. (Note that Form I-90, Application to Replace Permanent Resident Card is NOT used for this purpose.) Form I-751, Petition to Remove Conditions on Residence is used to remove the conditional basis of permanent residence. If you are petitioning for a step-child and have not been married to the child’s genetic parent genetic or legal gestational mother for 2 years at the time the child receives permanent residence, the child will be granted conditional permanent resident (CPR) status. Evidence that you had 2 years of physical custody (this means time during which the child was living with you and you were exercising primary parental control).Evidence that you had 2 years of legal custody (this could have been awarded by a court prior to the final adoption decree).Copy of child’s original birth certificate.
If you never married the child’s mother before the child turned 18:.If you and/or the genetic or legal gestational mother are no longer married, you must also submit evidence of the legal termination of that marriage through death, divorce, or annulment.A copy of your marriage certificate to the child’s or a genetic or legal gestational mother.A copy of your child’s birth certificate issued by civil authorities.Genetic mother or a non-genetic legal gestational mother Proof of relationship (see chart below for case-specific requirements).If your name or your child’s name has changed, proof of legal name change (may include marriage certificate, divorce decree, adoption decree, court judgment of name change, etc.).A copy of your foreign passport bearing a stamp showing temporary evidence of permanent residence.A copy (front and back) of Form I-551 (Green Card) OR.
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