If I petition for my mother who is married with my stepfather does he gets the residence too? Because of her..
3 attorney answers
The short answer is that no one is included in a petition you file for your mother except your mother. You can petition for your step father provided your step-parent/step-child relationship as created prior to your 18th birthday. Additionally, you can petition for your siblings, but that process will take many years.
Consult with an experienced immigration attorney who can review the facts with you and advise you what to expect and how best to proceed.
While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Review Mr. Devore's Avvo Profile for more information about his expertise in immigration law and how to contact him to discuss your case.
Your step father is not a derivative of your petition to your mother. You can file a separate petition to your step father if he married your mother when you were below 18 years old. If they were married when you were over 18, your mother can file petition for him once she receives her greencard. Your minor half siblings are not also derivative of your petition to your mother. Your mother needs to petition them once she obtains her greencard.
Step father will also come in on an immigrant visa as her "spouse". Sisters or step-sister will not, however, as the siblings' category is a different category altogether, which takes approx. 12-18 years to process, depending on each sis's country of birth.
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.