Pacifica Legal Services | Floyd Fernandez
The issue is whether, according to the law in the state where your parents live, your mother and stepfather's marriage has been dissolved, whether they have divorced or not. In California there is a good chance that they would not be recognized as married, but in Oklahoma they would be. If they are still recognized as married, (and CIS will inquire as to residence), then your step-father may not be able to help. However, he might, and since the marriage took place when you were 3, long before you turned 18 (the cut-off), you would have derivative eligibility, however, because you are 20, to get legal residency, he needs to step on it now and petition for you. If you want to pursue that further, with your stepfather, e-mail or call me to set up an in-person or phone consultation. Best to you.
Answer Applies to: California