Q:How to change status for a child?

He is a permanent resident. His stepchild entered into the U.S. with B-1 visa. His questions are:

1.What petition can he apply for the child and what documents should he submit?

2.Can the child change status from visitor to student?

A: If your friend married the child’s mother before the child reaches 18, your friend can petition the child for immigration. In order to gain immigration benefits, step relationship must be established before the child’s 18th birthday. To apply I-130 visa petition, your friend would need proof of bona fide marriage, proof of valid divorce, proof of mother-child relationship, proof of birth of the child. If physical custody of the child is awarded to the child’s father, it may complicate the matter a little but it can be resolved.

If the marriage is after the 18th birthday of the child, your friend cannot file immigrant visa petition for him.

If the child wants to change status to student, he may do so after he is admitted by a qualified school. Change of status from visitor to student is complicated and professional advise and assistance are highly recommended.