Can I petition my children to immigrate to the US? 4 Answers as of January 26, 2011

I was married to a US citizen in the Philippines. He petitioned me and my son my but suddenly the US. The embassy didn't give my son a visa unless my ex husband to sign the paper for the naturalization for my son but he was cheating me that time that's why he don't want to sign the paper I decided to leave my son in my country. When I came here I haven't seen him and talk to him. So I file a divorce and now I'm divorced and married to US citizen can I petitioned my kids and how long it will take?

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
If your son was under 18 when you got married to your current husband then your current husband can petition for his permanent residency as a stepson. Is your son still overseas? If you are now a citizen you can petition for your son as well. If you are a Permanent Resident through your first marriage you can petition for your son but it won't give him an immediate benefit so it would be better for your current husband to act as Petitioner if he is a qualifying stepfather. If you are neither a USC or PR, then your husband will have to be the Petitioner provided your son is an eligible stepson.

We would be happy to assist you with this process. Give me a call or email to clarify your son's age and your status and then I can advise you specifically on the procedures and fees to go forward with this process.
Answer Applies to: California
Replied: 1/26/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
Yes you can petition for your son, unless you are still a permanent resident and your son is married then no you would have to wait until you become a citizen. However, if your son was under the age of 18 when you married your current US citizen husband he can petition for your son.
Answer Applies to: Florida
Replied: 1/18/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Yes you can petition your children if have a Green Card. Depending on how old they are, it can take approximately 3 to 10 years. Also, if your children were under 18 years old when you and your current US Citizen husband were married, he can petition them. In that case it could take less than one year.
Answer Applies to: California
Replied: 1/17/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
If your son is under 21 and unmarried, you can.
Answer Applies to: Florida
Replied: 1/17/2011
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