Can I bring my dad, his wife and their child to the US? 4 Answers as of April 15, 2011

I am over 21, a US citizen and my father is in Spain, he married his wife(step-mom) before I was 18 and they had their child(step-sister) before I was 18 as well. Can I bring them? Will they come together at the same time? More or less how long wil it take? My step sister is 9.

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Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
You can petition your father and step-mother for their Green Cards and they would be able to immigrant to the US in about 9 months. While you can petition your step-sister, she will have to get a visitor visa to come with your parents. Then once your parents have their Green Cards they can petition her and will be able to get a Green Card in about 3 years.
Answer Applies to: California
Replied: 4/15/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
Because you are over 21, you are allowed to immediately able to petition for your father and step mother (since married before 18.) Their processing will take about 9-12 months. However your sister is not yet eligible. You can file the I-130 petition for her but it is currently taking about 10 years for that case to move to the green card stage. You are not able to file her as a derivative on their applications because you are a USC. You can also file your sister's case now and when her filing date is "current" ie she can file for the green card, then you can also start the process for your parents.
Answer Applies to: California
Replied: 4/14/2011
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
The short answer is yes. The bottom line is, if your father married the stepmother before you turned 18, you may petition for her as a derivative relative, and the stepchild will qualify to follow-along with your father and stepmother to become a U.S. legal resident. If you need to have an attorney's assistance (and you do), feel free to set up an appointment for a consultation by phone or in person.
Answer Applies to: California
Replied: 4/14/2011
Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
You can bring your dad + step mom. The process will take about 10-16 months and is not extremely difficult (unless they have issues, such as crimes or previous deportation.other issues might complicate matters). First you file the family petition. Once approved, the USCIS will transfer the file to the National Visa Center to start the consular processing. You can start the consular processing for both of them as soon as you get the "Fee Bill". For your step sister, things are a little more sad and will take longer. You first file the family petition, as you did for your mom and dd. You can do so at the same time. Once the petition is approved, the USCIS will also forward the file to the National Visa Center (NVC). The NVC will keep the file until a visa is available. The current estimated waiting time for a visa (through a American sibling, beneficiary from Spain) is about 11 years. Some other ideas to get your step sister a little faster: Your parents should request humanitarian parole for her (a somewhat complicated process / paperwork but it would allow your step sister to be "Paroled" into the US because she is too little to be by herself. As soon as your step mom or dad arrives in the US, they could file for her a family petition. This process takes about 4 years. Better get an attorney to avoid pitfalls for your little step sister. Not so simple here. Good luck.
Answer Applies to: California
Replied: 4/13/2011
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