QUESTION

Can I sponsor my dad and his wife if I am 21 and a US citizen?

Asked on Jan 27th, 2011 on Immigration - California
More details to this question:
My dad remarried after being divorced from my biological mother. Under "Immediate Relative," can I include my dad's wife (my stepmom)? Will they be able to enter the US together?
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4 ANSWERS

Immigration and Naturalization Attorney serving San Diego, CA
3 Awards
Your Dad is an immediate relative but your Stepmom is not. I would suggest obtaining permanent residency for your Dad and he can then petition for his spouse - this would take awhile as she would not be an immediate relative. There may be other options for them to come together but I would need to know more about both of them - I suggest you set up a consultation to go over various possibilities. This can be arranged by contacting me as indicated below. We do charge for consultations but any consultation fees would then be a credit toward the fees for your case if we are retained for further work after the consultation.
Answered on Feb 17th, 2011 at 5:00 PM

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Immigration Attorney serving Hollywood, FL
2 Awards
It depends on whether they got married before you were 18 years old. If the answer is yes then it could be possible for you to sponsor your step mother as if she was your mother.
Answered on Jan 29th, 2011 at 11:13 AM

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Immigration Law Attorney serving Costa Mesa, CA
2 Awards
If your father and his new wife (your step-mother) were married before you turned 18 years then you can petition both of them. Two separate petitions are required. If they were married after you turned 18 years, then she would not qualify as your step-mother for immigration purposes and you cannot petition her. Your father would have to petition her after he becomes a Legal Permanent Resident.
Answered on Jan 28th, 2011 at 12:13 PM

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Immigration and Naturalization Attorney serving San Francisco, CA at The Law Office of Christine Troy
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Since you are over 21 and a USC, you are able to sponsor your father for a green card. Your ability to immediately sponsor his wife depend upon when they were married. If before your 18th birthday, then she is considered your step mother and you can separately sponsor her. Otherwise she will need her husband to apply for her once he is a green card holder. It will take several years for her to apply based on that category so she would need to find a different way to reside in the US. until that time- student, work, etc.
Answered on Jan 28th, 2011 at 11:58 AM

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