More details to this question:
My step-father became an US Citizen about 3 years ago and he wants to petition for me, my wife and kids. My mother and him got married when I was 9 years old and he's been living in the US 12+ years (permanent resident 1st and then citizenship) and my question is, can he petition for my family even though he became an US resident not so long ago? If so, how long will it be for my family and I to move to the US? My family and I have 10 year B1/B2 visa to travel to the US and my wife and I have been travelling to the US since we were kids. I had my green card but my dad gave it up when him and my mother divorced when I was 8 years old. Also, my mother was told that she can't petition for me because she's on disability 'cause she broke her back while at work and she can't go back to work anymore, so she was advised by her lawyer to not petition for me because of the disability since she can's sponsor me and my family but my stepfather can. Can you bring some light for me on this please?
1 ANSWER
It appears that if dad married mom before your 18th birthday, he could petition for you. However as you are now an adult and married, your case would fall into a family preference category and not the immediate relative category. This means that there would be a lengthy waiting period before you could immigrate to the US. You can find out the waiting period by going to the department of state website and look to the cases that the DOS is currently processing in your specific category. Good luck.
Answered on Apr 17th, 2020 at 3:00 AM