QUESTION
My momis an LPR and my step father an american citizen, can they apply for myself and husbands greencard?
Asked on Jan 13th, 2011 on Immigration - California
More details to this question:
My mom is a LPR and my step father an American citizen can they apply for myself and husband's greencard via the visa I-130?
3 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
No. Your stepfather could only file for you if he married your Mom before you were 18 and you are unmarried and under 21. Your Mom is only a PR and could file for you if you were unmarried but not if you are married. Once your Mom becomes a U.s. citizen she can file for you in the FB-3 category and then your husband would also be able to obtain permanent residency through that petition as your derivative.
Answered on Jan 20th, 2011 at 9:13 PM
Immigration Law Attorney serving Costa Mesa, CA
Partner at
Law Offices of Louis M. Piscopo, APLC
2 Awards
If you are married your LPR mother cannot petition you since LPR parents cannot petition married children. Your mother must become a US Citizen to petition you. If you step father became your step father before you were 18 years old he can petition you and your husband is automatically included. In other words, if your mother and step father married before you turned 18 he can petition you, otherwise he cannot.
Answered on Jan 14th, 2011 at 10:13 AM
Immigration Attorney serving Torrance, CA
at
Marie Michaud, Attorney At Law
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If your mother was married to your step dad before you turned 18, he can file an I-130 as a step father filing for his married adult step daughter. Your mother can not file for you because a green card holder spouse can not file for a married daughter. If you are still married to your husband when the visa becomes available, your husband can obtain derivative status.
Answered on Jan 13th, 2011 at 6:43 PM