QUESTION
Is it necessary to change my stepson's name into his mother's name first before petitioning him as a stepchild?
Asked on Apr 22nd, 2013 on Immigration - Texas
More details to this question:
I have a 5 year old stepchild that I wanted to petition, but he was placed under my last name unintentionally since birth. I have plans of adopting him once he got to the United States.
3 ANSWERS
The name of your stepson does not matter. The relationship (connection) does. Therefore, you need to prepare appropriate supporting evidence to prove your relationship to the stepson when petitioning him to qualify him as your "child."
Answered on Apr 25th, 2013 at 12:46 AM
This may create complications, since the USCIS may think that he is already a U.S. Citizen through derivative status, which is a misrepresentation, if suggested by USCIS. As a result, actions may have to be taken to correct the birth certificate where it wrongly indicates that you are the father. If the natural father shares the same last name as you, then this is easily explained. Your step son needed to be under 18 years old at the time of your marriage to his mother. Otherwise, you cannot petition him. If he reaches 21 years old, before final processing, among other concerns, then these additional unknown facts can create complications in the future. As a result I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney. The above is general information, not legal advice, and does not create an attorney client relationship.
Answered on Apr 24th, 2013 at 7:55 PM
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No. Changing your stepson's last name is not necessary for you to petition for him.
Answered on Apr 24th, 2013 at 7:40 PM