How can I get a green card for my step dad? 8 Answers as of July 26, 2011

My mother has been married to my step dad since I was 10 years old. I am now 20 about to be 21. Would I be able to petition for his green card? If so what would be the necessary steps?

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Oltarsh and Associates, PC
Oltarsh and Associates, PC | Jennifer Oltarsh
You can file for your step-father.
Answer Applies to: New York
Replied: 7/26/2011
Law Office of Baoqin Wang
Law Office of Baoqin Wang | Baoqin Wang
Yes, if you are a US citizen and more than 21 years old, you can sponsor your step father for his green card. The process is different depending on whether he is in the US or not.
Answer Applies to: Oregon
Replied: 7/22/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
When you are 21, you can sponsor your father. However you first need to see if he is eligible for filing in the US. Otherwise he will leave to process and trigger a 10 year bar. Did he enter legally? Has hebeen arrested? Were they married before you turned 18? All of these will impact your options. Please make a consult with a competent immigration attorney.
Answer Applies to: California
Replied: 7/22/2011
Fong & Associates
Fong & Associates | William D. Fong
You can petition for him when you are 21, but depending on how he entered the US and what if anything was filed for him previously will determine if he can apply for his green card in the US or if he will need to apply at his home consulate with a waiver.
Answer Applies to: Texas
Replied: 7/22/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
Yes, you may apply for a step parent as long as the marriage occurred prior to your 18th birth day. If your step dad can use your petition is a different story and we need to have information about him. Please have him contact an immigration attorney to find out his eligibility.
Answer Applies to: Nevada
Replied: 7/22/2011
    Christian Schmidt, Attorney at Law
    Christian Schmidt, Attorney at Law | Christian Schmidt
    You can petition your step-dad for a green card only if you are a U.S. Citizen. If he entered the U.S. on a visa ,he can obtain his green card without leaving the U.S. Otherwise, he must leave the U.S. to apply through a U.S. Consulate but his leaving might bar him from receiving permanent resident status for up to 10 years if he had been in the U.S. illegally for more than 180 days unless he qualifies for a waiver. You should consult with an immigration attorney before you file a petition.
    Answer Applies to: California
    Replied: 7/22/2011
    Marie Michaud Attorney At Law
    Marie Michaud Attorney At Law | Marie Michaud
    It depends. Is your step dad in the US or outside the US? Are you an American citizen? You must first be an American citizen, age 21 or more. If your step dad is in the US, and entered legally (with inspection - usually means he had a passport, an I-94, and a visa), then file a combined family petition and application to adjust status. Assuming your step dad is admissible (Your step dad should check with an attorney who can screen him - ask him about his previous immigration paperwork, any past deportation, any criminal history, etc.), it would take about 4 months to process from start to finish. If your step dad came to the US without inspection, this is more problematic. You did not indicates whether he is protected under 245i (a law that allow people to file their immigration paper in the US without having to leave the country for 10 years- He might be protected if a relative filed any family petition for him or employer filed any labor certification on or before April 30, 2001). If he is protected, he doesn't have to leave. Simply follow the same step as above and pay $1000 more in filing fee. If your step dad is not protected under 245i, it could be possible to do the paper from his home country, but it is risky. Please speak to an attorney. Bring your dad to see an attorney - many have free consultation.
    Answer Applies to: California
    Replied: 7/22/2011
    Law Offices of Joel H. Wolff
    Law Offices of Joel H. Wolff | Joel Henry Wolff
    Yes your stepfather can petition you. Please contact me for the specifics.
    Answer Applies to: Nevada
    Replied: 7/22/2011
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