Board of Immigration Appeals Rules on Stepchild

Who meets the definition of a “infant” 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).
A stepchild is a child born to or legally adopted by your spouse before your marriage. This occurs when you have not legally adopted the child.
If you legally adopt the child, your parent-child relationship is the same as if the child were biologically related to you.
You may petition for your stepchild by filing a Form I-130,
Petition for Alien Relative. File this with USCIS on behalf of your stepchild.

BIA rules on Step Child

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