We are excited to announce another victory for Barrera Legal Group! Our client successfully received their green card through an immigrant visa petition filed by their step-parent. This approval highlights the importance of understanding the eligibility requirements for step-children and how the Child Status Protection Act (CSPA) can protect them during the process.
Step-Parent Petitions for Step-Children
In U.S. immigration law, a step-parent can petition for a step-child's green card, provided that the marriage between the step-parent and the biological parent occurred before the child turned 18 years of age. This opens a critical path to legal residency for children who may otherwise have limited options to adjust their status, especially those already living in the U.S. without lawful status.
The Role of the Child Status Protection Act (CSPA)
While the standard eligibility requires the immigrant visa to be filed before the step-child turns 21, the Child Status Protection Act (CSPA) offers an additional layer of protection. Under the CSPA, even if the child turns 21 before the immigrant visa is approved, they can still qualify for a green card as long as the I-130 petition was filed before their 21st birthday. This allows for greater flexibility, reducing the risk of “aging out” of eligibility due to processing delays or other factors.
Navigating the Immigrant Visa Process
The immigrant visa process is often complex, especially for those living in the U.S. without legal status. It requires careful attention to detail, preparation of supporting documentation, and coordination with various agencies, including the U.S. Consulate and USCIS. In this case, the family worked with Barrera Legal Group to ensure that all requirements were met, including the filing of an I-601A waiver to address any past unlawful presence.
Our team is proud to have helped this family navigate the challenges of consular processing and successfully obtain the green card for the step-child. This approval demonstrates that, while the journey may be long, it is viable with the right legal guidance and persistence.
Trust Barrera Legal Group to Help You
If you or someone you know is seeking to obtain legal permanent residency through a family-based petition, Barrera Legal Group is here to help. Our attorneys are experienced in navigating the complexities of immigrant visa processing, waivers, and family-based petitions. We take pride in our commitment to keeping families together, no matter how challenging the case may be.
Visit us at www.barreralegal.com to learn more about how we can assist with your immigration case. Stay connected with us on social media to keep updated on our latest success stories and helpful immigration tips!