QUESTION
Can my wife file the green card process for my son even though they denied me the green card?
Asked on Sep 15th, 2011 on Immigration - California
More details to this question:
I live in the US and I married a US citizen two years ago. She filled the green card process for me and we went to the interview, but they denied the case and we are appealing it in court. My son is in the US and he is 15 years old. He doesn't have a status. Can she fill a green card process for him regardless of the status of my case? She is the step mother of my son.
10 ANSWERS
Immigration and Naturalization Attorney serving San Francisco, CA
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Werner & Associates
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Yes, she can file for your son even though your case is on appeal.
Answered on Jun 23rd, 2013 at 11:50 PM
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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Yes she may file but CIS may treat it the same way. If your marriage is a bona fide marriage, I recommend that you file and fight it all the way.
Answered on Sep 19th, 2011 at 4:23 PM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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If your marriage is bona fide, then she is his legal step mother. For this reason, she can sponsor him for his own case. Make sure that she gets his case analyzed by a competent immigration attorney to ensure there are no other issues in his case. Again, if the court makes a finding that your marriage is fake, then she can't sponsor him.
Answered on Sep 19th, 2011 at 3:41 PM
Immigration and Nationality Attorney serving Chicago, IL
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Simvisa
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Your wife can file for your son, but you will still need to establish that your marriage is bona fide. If he entered illegally, he will have to return to his home country for visa processing.
Answered on Sep 19th, 2011 at 3:19 PM
Immigration and Naturalization Attorney serving San Diego, CA
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Feldman Feldman & Associates, PC
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Yes in most cases - he is her stepchild and therefore an immediate relative. Does he have a legal entry into the U.S.? If not he will need to process abroad unless 245(i) eligible. It would be useful to know the reasons for the denial of your case however.
Answered on Sep 19th, 2011 at 2:30 PM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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She should be a able to petition, but it depends on the immigration violations as to if he can get his PR in the US. Did he file at the same time you did?.
Answered on Sep 19th, 2011 at 1:05 PM
No, she can't if CIS has not approved your marital status.
Answered on Sep 19th, 2011 at 7:50 AM
She can file a step child who is under 18 at the time that the marriage took place. However, approval may depend upon whether the DHS believes that you entered into marriage based upon a good faith relationship with your wife. If not, then he may be referred to an Immigration Court, as well. The above is general information, not legal advice, and does not create an attorney client relationship.
Answered on Sep 19th, 2011 at 6:32 AM
Criminal Defense Attorney serving New York, NY
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Law Offices of Nicklaus Misiti, PLLC
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Technically a step child can qualify for a green card if they are under 18 at the time of marriage. Your case however has some added complication, I would urge you to speak with and retain an immigration attorney.
Answered on Sep 19th, 2011 at 5:44 AM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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That will depend on why the USCIS denied your wife's petition. If the USCIS believed that your marriage is not bona fide, then her petition for your son will be denied, too. If her I-130 for you has been approved but your adjustment of status is denied due to your personal issues, such as illegal entry, crimes, etc, then she can petition for your son. Please note that you son mustenter the US legally in order to adjust his status unless he is 245i protected.
Answered on Sep 19th, 2011 at 5:43 AM