Can a step father make an immigration petition? 11 Answers as of November 08, 2011

If your step father married your mother before you turned 18, yes. But if you entered without a visa, you will have to leave the US before you reach 18 and 179 days.

Yes he can. If you entered the US with a visa, then your immigration process should be very quick and painless if done right.

If you were under 18 and unmarried at the time of the marriage between your stepfather and your biological mother, you are a bona fide stepchild and your father can petition for you directly as an immediate relative. He must do so before you turn 21 or you would be subject to a backlog and long waiting times.

Yes, as long as he married your mother before you were 18 years of age. What is your date of birth as certain options are only available until you are 18 years and 6 months to avoid a waiver.

It depends if you meet the definition of a child of a US citizen. For you to qualify, the marriage creating the step-parent relationship needed to have been completed prior to you turning 18.

It may be possible for your stepfather to petition for you depending on how you entered the U.S. You should seek a consultation with a good immigration attorney to determine if you can be petitioned for by your stepdad and if you can apply for your green card.

Your step-father can petition for you if he married your mother prior to your 18th birthday.

Yes, a USC stepfather can petition for you if the marriage between your mother and him happened before you were 18.

Yes he can as long as he married your mother before you turned 18.

Please see the attached instructions to the USCIS I-130 form (bottom right-hand side of the first page - "Who May Not File This Form") Persons who turned 18 years old before the step-parent relationship was created are not a "child" for immigration purposes, of the US citizen step-parent. If the step-parent/step-child relationship came into existence before the step-child turned 18, then the U.S. citizen step-parent should be a viable petitioner. REQUIRED DISCLAIMER: This information is generalized and should NOT be relied upon as legal advice; and this communication does NOT create a lawyer client relationship. Any reliance on information contained herein is taken at your own risk.