QUESTION

Can my dad petition for my stepmother?

Asked on May 06th, 2015 on Immigration - New York
More details to this question:
Hi, I'm a US citizen & my dad came in the US July 2014 after I petitioned him. He is a widow & remarried. He is now a greencard holder & would like to petition his wife. They were married for 18 years now, I was already married when they got together. Is it possible for him to petition her? My stepmom has two sisters here who are willing to be her sponsors as well. Please advise. Thanks so much.
Report Abuse

4 ANSWERS

Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
Update Your Profile
Yes, but the time frame for visa availability is approximately 1-1/2 years.
Answered on May 11th, 2015 at 5:21 AM

Report Abuse
Intellectual Property Attorney serving Menlo Park, CA at Sheppard Mullin
Update Your Profile
Yes LPR husband can file petition for his wife. It will take about 2+ years.
Answered on May 08th, 2015 at 3:56 PM

Report Abuse
Immigration Law Attorney serving Atlanta, GA
3 Awards
Depending upon several details, including your age when your father remarried, you may be able to file a petition for your step-mother. Alternatively, now that your father is a Permanent Resident, he may petition for his wife in the Family-Based Second Preference (F2A) visa category - but be aware that there now is a backlog of about two years for visas in this category. Your stepmother's sisters, who I presume are U.S. citizens, also could petition for her, but that would be in the Family-Based Fourth Preference (F4) visa category, and the backlog for visas in that category is very long - while it may appear shorter, in fact it likely to be 15 - 20 years or even longer, and so that rarely is a satisfactory strategy for attaining immigration benefits. It would be wise for your family to consult with an immigration attorney who, after learning all of the relevant details, could advise about eligibilities, options and strategies. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
Answered on May 08th, 2015 at 10:13 AM

Report Abuse
Sexual Harassment Attorney serving Brooklyn, NY
3 Awards
Your dad can petition for her but there is a line. He cannot petition for her sisters. Only your stepmom will be able to petition for them once she becomes a US citizen.
Answered on May 08th, 2015 at 8:52 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters