QUESTION

Can I successfully petition for my 17-year old stepson if my husband's AOS & 601 waiver is denied?

Asked on May 15th, 2012 on Immigration - Colorado
More details to this question:
My husband would need to file a waiver due to a previous misrepresentation. Chances of proving hardship & obtaining waiver very slim - good health, I have no children, no ill parents, etc. Stepson currently lives in India.
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6 ANSWERS

Immigration Law Attorney serving Los Angeles, CA at Law Offices of Alan R. Diamante APLC
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It is a separate petition. You can be approved even if his dad is not.
Answered on May 21st, 2012 at 11:03 PM

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Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
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*Waiver of Inadmissibility* A Waiver of Inadmissibility will have to be obtained. This is an application that will include a legal brief, forms, documents, exhibits, declarations and other evidence. My firm can prepare the entire waiver, and attach all of the necessary documents. It will take several months for the decision, and if done correctly, there is a good chance of an approval. The Waiver essentially makes the crime or ground of ineligibility disappear so that entry or re-entry will be allowed into the U.S. Please note that the Waiver is the critical part of this application, and unless approved, there cannot be any other petition that will allow entry into the U.S. Therefore, the Waiver must be prepared with significant supporting documents. There are ways of making it stronger if done properly.
Answered on May 18th, 2012 at 1:41 PM

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Rebecca T White
Assuming the prior misrepresentation requiring a waiver for your husband does not relate to the step-son/step-parent relationship, yes, you should be able to still petition for your step-son.
Answered on May 18th, 2012 at 12:05 PM

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Yes. You may still petition for your stepson even if his father's AOS and waiver applications were denied, as long as the father's I-130 petition was approved to establish the relationship.
Answered on May 16th, 2012 at 12:03 PM

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You can petition for your stepson and it should not be problematic.
Answered on May 16th, 2012 at 11:59 AM

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Immigration Attorney serving Boulder, CO
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You may be able to petition for your step son. You should consult with an immigration attorney to understand that process.
Answered on May 16th, 2012 at 11:48 AM

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