It depends. Is your step dad in the US or outside the US? Are you an American citizen? You must first be an American citizen, age 21 or more. If your step dad is in the US, and entered legally (with inspection - usually means he had a passport, an I-94, and a visa), then file a combined family petition and application to adjust status. Assuming your step dad is admissible (Your step dad should check with an attorney who can screen him - ask him about his previous immigration paperwork, any past deportation, any criminal history, etc.), it would take about 4 months to process from start to finish. If your step dad came to the US without inspection, this is more problematic. You did not indicates whether he is protected under 245i (a law that allow people to file their immigration paper in the US without having to leave the country for 10 years- He might be protected if a relative filed any family petition for him or employer filed any labor certification on or before April 30, 2001). If he is protected, he doesn't have to leave. Simply follow the same step as above and pay $1000 more in filing fee. If your step dad is not protected under 245i, it could be possible to do the paper from his home country, but it is risky. Please speak to an attorney. Bring your dad to see an attorney - many have free consultation.
Answered on Jul 22nd, 2011 at 10:34 AM