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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).

Board of immigration appeals

Stepchild and immigration

Step parent petition

BIA finds stepchild who…

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 U.S.C. §
1229b(b)(1)(D)(2006)

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