Step-Parent filing a Step-Child Petition

A Step-Child need not prove any bona-fides at all with the Step-Parent when filing a petition.

BIA Rules on Step-Child

The BIA found that a stepchild who meets the definition of a “child” under INA § 101(b)(1)(B), 8 U.S.C. § 1101(b)(1)(B) (2006), is a qualifying relative for purposes of establishing exceptional and extremely unusual hardship for cancellation of removal under the Act. Matter of Portillo-Gutierrez, 25 I&N Dec. 148 (BIA 2009).

BIA rules on Step-Child

The BIA found that a stepchild who meets the definition of a “child” under INA § 101(b)(1)(B), 8 U.S.C. § 1101(b)(1)(B) (2006), is a qualifying relative for purposes of establishing exceptional and extremely unusual hardship for cancellation of removal under the Act. Matter of Portillo-Gutierrez, 25 I&N Dec. 148 (BIA 2009).

Stepparent who qualifies as a “parent”

A stepparent who qualifies as a “parent” under section > 101(b)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1101(b)(2) > (2006), at the time of the proceedings is a qualifying relative for purposes of > establishing exceptional and extremely unusual hardship for cancellation of > removal under section 240A(b)(1)(D) of the Act, 8 [...]

My USC Stepdad wants to petition me

A stepparent who qualifies as a “parent” under section > 101(b)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1101(b)(2) > (2006), at the time of the proceedings is a qualifying relative for purposes of > establishing exceptional and extremely unusual hardship for cancellation of > removal under section 240A(b)(1)(D) of the Act, 8 [...]

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