Can I petition to have my wife and 2 step children come to the US? 5 Answers as of February 21, 2011

I am a PLR and want to Petition for my wife and her children (my step children under 18) to immigrate to us. They are in Hong Kong. Can I? If yes, how long will it take to get them into this country. Is there any waiver process?

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Yes you can petition for them but they will be in the FB-2a category which has a backlog of visas. As recently as last fall though this category was working on an August 2010 Priority Date (It is now back to January 2008) so definitely file an I-130 for each one of them to get them in the queue and file for your own U.S. citizenship at the soonest date you are eligible (4 years and 9 months after your PR was granted assuming you meet the physical presence and other eligibility requirements).

You may also want to look at other nonimmigrant options while they are waiting in the queue.

If you would like a consultation on the facts of your specific case feel free to contact me as indicated below. I do charge for consultations but whatever you pay for the consultation would then be a credit toward the fees for your case if we are retained for services after the consultation.
Answer Applies to: California
Replied: 2/21/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
As a Green Card holder you can petition your wife and step-children. It will take approximately 2-5 years for their priority date to become current, depending on what country they were born in. There is no waiver or process to speed it up, other than you becoming a U.S. Citizen as soon as you are eligible to do so.

Also, I assume that you were not married at the time you got your Green Card because if you were your wife and step-children would have been derivative beneficiaries and could have been eligible for a Green Card at the same time you were.
Answer Applies to: California
Replied: 2/2/2011
Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
You can file a petition for your spouse and her children, but since you are a resident they will have to wait until there's a visa available before they can come to the United States. If you qualify for naturalization you should apply, because as a citizen there would be a visa available immediately for your family.
Answer Applies to: Florida
Replied: 2/1/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Yes, you can. go to to find out the processing time. Good luck!
Answer Applies to: Florida
Replied: 1/31/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
As an LPR, you are able to petition for wife and step children. However it will be years until they are able to enter the US, if you married after you became an LPR. My recommendation is to file now, while the kids are under 18. Then become a US citizen as soon as you can. At that point, if their case is still waiting under the quota system, you can upgrade their cases to immediate relatives. For a full review of consular processing, please visit my website.
Answer Applies to: California
Replied: 1/31/2011
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