Board of Immigration Appeals Rules on Stepchild

The BIA rules on Step-Child 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 whom you have not legally adopted. 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, with USCIS on behalf of your stepchild.