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Thread: immigration visa for stepmother / help needed/

  1. #1
    My dad married my stepmom when I was 25. I'm usc. They are in the US now and I.m planning to file 2 petitions for him - for green card and adjustment of status. How do I go about my stepmom? My understanding is that I can not file anything for her. Is it correct? What are my options?

  2. #2
    My dad married my stepmom when I was 25. I'm usc. They are in the US now and I.m planning to file 2 petitions for him - for green card and adjustment of status. How do I go about my stepmom? My understanding is that I can not file anything for her. Is it correct? What are my options?

  3. #3
    You are correct; you cannot file a petition for your stepmother.

    Your father is your immediate relative, and cannot, therefore, have dependents immigrate as part of his petition.

    So, the question is this: why would you file an immigration petition for your father, when his wife cannot immigrate with him? Is he planning to move to America without her...or are you planning to disrespect America's laws and sovereignty by having her remain in the country illegally?

  4. #4
    Should she move back and wait until my dad receive his green card and then he would apply for her?

  5. #5
    Yes, your father can sponsor his wife for immigration purposes once he obtains his green card...however, the process would take approximately five years (at least).

    During this time, your stepmother would be unable to remain in America.

    The process would be quicker once your father obtains citizenship, but he will be unable to apply for citizenship for at least five years.

    I would recommend that you don't think yourselves too important to follow the rules for your stepmother; this discussion board is full of people who decided to remain illegally...and now find all of their options CLOSED.

  6. #6
    It is actually the best solution that your father waits until he has a green card and then sponsors his wife. Unfortunately 5 years is a very long time. A good friend of mine also immigrated and now he lives in Florida. He is also married and hopefully his wife can soon come to Florida too.

  7. #7
    The wait is not five years. Based on the most recent visa bulletin released by the Department of State, the wait time will be more like 1-2 years (see http://travel.state.gov/visa/b...n/bulletin_1360.html)

  8. #8
    I am very glad to see this post because leg pullers have not jumped in as of this time. What a pleasant surprise. After a long time, I am seeing a clean post.

  9. #9
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by SunDevilUSA:
    Yes, your father can sponsor his wife for immigration purposes once he obtains his green card...however, the process would take approximately five years (at least).

    During this time, your stepmother would be unable to remain in America.

    The process would be quicker once your father obtains citizenship, but he will be unable to apply for citizenship for at least five years.

    I would recommend that you don't think yourselves too important to follow the rules for your stepmother; this discussion board is full of people who decided to remain illegally...and now find all of their options CLOSED. </div></BLOCKQUOTE>

    CIR legislative proponents have been laying on the table provisions about dependents of LPRs to be categorized as IR-1/2/3. This is still up in the air, but when hopefully it becomes law, it would benefit the OP's stepmother when the father becomes an LPR. The wait time will be shorter. And likewise all those whose step-relationships with their parents, just like the OP and many others, don't qualify for immigration purposes because of marriages having not occurred before their 18th birthdays.

    It's currently a big contradiction of sort because normally all nonimmigrant visa holders could bring with them all their qualifying dependents upon US entry.

    And Sundevil, how could those like the OP who are trying to explore legal avenues to do things legally be charged as "thinking themselves too important to follow the rules?" What part of a law-abiding immigrant don't you understand?

  10. #10
    It is my understanding that you may only petition your step mother if she married your father before you were 18 years old. Unfortunately, I fear this is the current policy.
    Always interested in the H1-B visa, the Eb-5 Visa Program and other Eb5 Investor Visa related issues.

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