QUESTION
How can my husband, my kids’ step father, be the petitioner like a step father?
Asked on May 02nd, 2013 on Immigration - California
More details to this question:
My husband and I were married 3 years ago. My husband wants to be the petitioner for my 2 kids 16 & 13 years old but an immigration consultant told me that he can, but that they have to be 17 years old to apply for a waiver, (my family and I are going through a lot of pain. I just found out that my kid’s father did bad things to my daughter when she was 9 that. Could that affect the process? He is in jail now). Do we need a waiver for my kids? Is it too complicated for my husband to be the petitioner of my kids? Could someone help me if we can apply online on the government website? We live in Texas.
4 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
Your husband (the kids' stepfather) may petition for them provided you were married to your husband before the children's 18th birthday.
Answered on May 07th, 2013 at 3:12 PM
If your husband is a citizen, he should be able to file. But what about you? Are you legally in the US? You have issues if you were not inspected when you came to the US. Your children are still minors. Call for a consultation if you like.
Answered on May 07th, 2013 at 12:28 AM
Immigration Attorney serving Van Nuys, CA
at
Law Offices of Hussain & Gutierrez
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Your husband can petition for you kids as long as they are under 21 and your marriage took place before the kids turned 18. If the kids entered the USA legally they do not have to leave the country, they can apply for a Green Card here. If they entered illegally, they will have to leave the country and return back with a visa after all the paper work is filed and a date is given to them for a visa interview in their home country. They will not need a waiver if they leave the country before they turn 18.
Answered on May 07th, 2013 at 12:09 AM
What do you mean by waiver? Waiver for what? How are you all in the US? In what status? Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answered on May 06th, 2013 at 11:45 PM