My momis an LPR and my step father an american citizen, can they apply for myself and husbands greencard? 7 Answers as of January 20, 2011

My mom is a LPR and my step father an American citizen can they apply for myself and husband's greencard via the visa I-130?

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
No. Your stepfather could only file for you if he married your Mom before you were 18 and you are unmarried and under 21. Your Mom is only a PR and could file for you if you were unmarried but not if you are married. Once your Mom becomes a U.s. citizen she can file for you in the FB-3 category and then your husband would also be able to obtain permanent residency through that petition as your derivative.
Answer Applies to: California
Replied: 1/20/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
No, they cannot.
Answer Applies to: Florida
Replied: 1/15/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
If you are married your LPR mother cannot petition you since LPR parents cannot petition married children. Your mother must become a US Citizen to petition you. If you step father became your step father before you were 18 years old he can petition you and your husband is automatically included. In other words, if your mother and step father married before you turned 18 he can petition you, otherwise he cannot.
Answer Applies to: California
Replied: 1/14/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
Was your Mom married to your stepdad before you turned 18. If not he cannot file for you.
Answer Applies to: Florida
Replied: 1/14/2011
Pauly P.A.
Pauly P.A. | Clemens W. Pauly
This question is somewhat complicated to answer because you need to first understand that the American immigration laws have a special definition for "children."

As long as as you were unmarried and under the age of 18 when your mom married your step-father and you began your step-parent relationship, your step-father is considered your parent for immigration purposes.

Your mother cannot petition for a greencard for you because you are married. However, your US citizen step-father could petition for you, provided he qualifies as your parent under US immigration laws. You must understand though, that even if he qualifies as your parent and can petition for you, there are substantial waiting times for the green card. Please see the Visa Bulletin which is published monthly by the US State Department at http://travel.state.gov/visa/. Your step-father's petition would fall into category "Family 3rd", which -according to the February 2011 Visa Bulletin- has waiting times of approximately 10 years (or more than 18 or 19 years if you are from Mexico or the Philippines).

Please consult with an immigration lawyer for the proper immigration planning in your case and to discuss potential alternatives.
Answer Applies to: Florida
Replied: 1/14/2011
    Theresa E. Tilton, Attorney at Law
    Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
    Your mother can apply for your green card. When you get yours, you can apply for your husband.

    To shorten the wait, ask your mother to become an American citizen.

    It will not help if your stepfather adopts you. To make a difference in US immigration law, the adoption must occur before the child is 16.
    Answer Applies to: Washington
    Replied: 1/13/2011
    Marie Michaud Attorney At Law
    Marie Michaud Attorney At Law | Marie Michaud
    If your mother was married to your step dad before you turned 18, he can file an I-130 as a step father filing for his married adult step daughter. Your mother can not file for you because a green card holder spouse can not file for a married daughter. If you are still married to your husband when the visa becomes available, your husband can obtain derivative status.
    Answer Applies to: California
    Replied: 1/13/2011
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