Can I include them in my PAR immigration application? 3 Answers as of February 21, 2011

I qualify for PAR for my father who remarried my stepmother in Dec 2010 after I turned 18. She has two biological children ages 14 & 15 from her former husband. They are here on a B2 visa now which expires in five months. After arriving and seeing our lifestyle he decided he would like to live here. Can I include them in my PAR? If not after becoming a PLR can he apply for his wife & step children. If so, can they remain here or will they have to return to China and wait? If they have to return and wait how long will they have to wait before he can file a PAR for them or can he file immediately upon becoming a PLR.

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
I am not sure what PAR stands for nor what your status is. If you are a USC over 21, you can petition for your father to become a permanent resident (LPR). He can file for his spouse and any unmarried minor children or stepchildren under 21 (provided his marriage to their mother occurred before their 18th birthday - they will be in the FB-2a category which is backlogged several years. There are multiple steps involved. The first step can be filed for each immediately but does not give them the legal right to remain here after their B-2 expires so it is important to get them into another nonimmigrant status such as F-1 student (cannot attend public school).

You really need a consultation to sort out the best immigration plan for each of your family members as what is best for one may not be best for another. If you would like to do this contact me as indicated below. We do charge for consultations but what you pay for the consult would then be a credit toward the fees for your case if we are retained after the consultation.
Answer Applies to: California
Replied: 2/21/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
As a U.S. Citizen you can petition your step-mother if the step-parent relationship was created before you turned 18 years old. Since your father and step-mother did not married until after your turned 18, you cannot petition her. Additionally, even if you could petition her, her children would not be included in the petition since there are no derivative beneficiaries in an immediate relative petition. After you father becomes a Legal Permanent Resident he could petition his wife and step-children, but it does not grant them the right to remain in the U.S. after their visitor status expires.
Answer Applies to: California
Replied: 1/31/2011
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
I'm truly sorry but I don't understand what PAR means. If you are asking about qualifying step-child or step-parent relationships, the answer is that the relationship must exist prior to the child turning 18 years of age. If the petitioner is a US citizen, that means the qualifying step-child or step-parent is an immediate relative so there are no derivative beneficiaries that can tag along. So, a petition for must be filed for each person. If the petitioner is a Lawful Permanent Resident, there are derivative beneficiaries so possibly only one petition is necessary, BUT there is a significant wait particularly for people from CHINA.
Answer Applies to: Virginia
Replied: 1/31/2011
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