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Can my step father fix my legal status?

Orem, UT |

I'm 35, married and have a tourist visa. My mother married him when I was 15 yrs old. Will he be able to fix my status?

Attorney Answers 4

  1. He can file for you but you will have to wait a long time. You will also have to leave the U.S. and qualify for a waiver in order to obtain a green card.

  2. He can petition for you but the wait will be several years. If you are not in status and fail to maintain status you may have to leave the country to process at the consulate - if so, you would require a waiver.

    Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

  3. It is unfortunate that he did not petition for you years ago. If a person marries a U.S. citizen before his or her child is 18 years of age, that U.S. citizen spouse can petition for the stepchild as an “immediate relative”.

    The stepparent does not need to adopt the child, nor does the natural parent have to be the petitioner.

    Now that you are older than 18, as my colleagues point out, it will take many years before a visa becomes available to you.
    Your tourist visa will be of no benefit if he was to petition on your behalf.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2

  4. Yes. After the I-130 Petition is approved, you will get in line. Your wait time will be long, but given the anticipate immigration reform, this wait time might be shorter than it is now, by a long shot.
    I recommend that you use an experienced immigration attorney.

    This advise does not create an attorney-client relationship.

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