I-130 Petition - Immigrate Your Step-Parent For Permanent Residence

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3 жыл бұрын

Filing an I-130 petition to immigrate your step-parent for permanent residence is a frequent question asked by blended families. (Want to know what relatives you can sponsor by filing a family-based petition? See • What Family Members Ca... )
As Immigration Attorney Carlos Batara explains, the question about step-parents arises where a U.S. citizen child wants to file an I-130 application for two parents, but not both are the birth parents. In other words, the child has been raised by a biological parent who is an immigrant and a step-father or step-mother who is also an immigrant, married before the child turned 18.
An I-130 petition for step parent rules has a couple of additional requirements from a regular petition for parents.
The first two rules are the same for both parents and step-parent situations: the child must be a U.S. citizen and over 21 years of age.
The next two rules when applying for parents green card are different. The petition for step parents requires that the two parents, the biological parent and the step-parent, must have married before the child turned 18. (There is an exception is some cases involving common law marriages.)
The other requirement if you are wondering, "Can I petition for my step father or step mother?", is the relationship between the step-parent and step-child must be ongoing. Because the petitioner, the child, is now 21, this is an issue that requires special scrutiny at the outset to help parents win green cards.
These latter two requirements are not necessary to demonstrate when simply filing an I-130 petition for parents.
There are various problems that can arise even when seeking a green card for parents of U.S. citizens. This video explains what types of issues you should be on the lookout for: • Green Card For Parents...
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For our playlist on family immigration petitions: • What Family Members Ca...
GREEN CARDS AND PERMANENT RESIDENCE
Maybe you're thinking ahead. You and your spouse have filed for a green card through marriage. After you achieve success, you want to immigrate your parent or your step-parents. First things first, you must win your green card. These videos on permanent residence will help guide you.
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Пікірлер: 25

@BataraImmigrationLaw 3 жыл бұрын

Want to know what relatives you can help win a green card? See this video on what family members you can immigrate through a I-130 Visa Petition For Alien Relatives kzfaq.info/get/bejne/fdSKn6eVv63KY2Q.html

@SapphireKashmir Жыл бұрын

Hi, my friend has a particular question in regard...my friend (41 years old) was raised by her married biological father and stepmother since she was about 4 years old BUT her father has recently passed away and she would like to petition for her stepmother. In this particular situation; can she still petition for her?

@anthonydia4877 2 жыл бұрын

Hello! I am 38 yo, naturalized US citizen. My biological father remarried last 2014 to now my step mom. My biological mom passed away 2011. If I file two I-130 petitions, will I have any issues filing for my stepmom? Or anything I should be aware of? Please advise. Thank you 🙏🏼

@BataraImmigrationLaw 2 жыл бұрын

When she became your step-mother is something you should look into and how that will affect your case.

@ZainabQader-yg1xb 2 ай бұрын

I’m wondering about could someone who is citizen can submit petition to his step mother ( and his step mother married with his biological father when he was 5 years old ) but his biological mother hasn’t divorced, which means his father married with two women ( because in Iraq country it’s legal marriage with more than one women )

@BataraImmigrationLaw Ай бұрын

This sounds like a mattter which should not be discussed in too much depth in public. I recommend you reach out to a local lawyer to assist you.

@TheRatana99 9 ай бұрын

Hello @BataraImmigrationLaw, I am a 22 year old US citizen. My biological father married my step mother when I was 17, however at that time I was already in the USA with my biological mother. Am I still able to petition for my stepmother? Even though I have never lived with her, and unable to establish a bonafide stepmother-stepchild relationship?

@BataraImmigrationLaw 6 ай бұрын

If your father married your step-mother, it seems that it was bona fide.

@kazosky Жыл бұрын

Hello @BataraImmigrationLaw, I got my US citizenship recently. My father is dead but my stepmother and biological mother live in Nigeria. My father married my stepmother when I was six so my stepmother is eligible for form i-130. My question is can I file form i-130 for both my stepmother and my biological mother?

@BataraImmigrationLaw Жыл бұрын

As long as the requirements for each one can be met, yes, you can apply for both. (This does not work for adoptions.)

@Googlename699 Жыл бұрын

My dad and I are Green Card holders. I want to bring his wife (my step mother) to the US. Can we do that? Which application we apply?

@BataraImmigrationLaw Жыл бұрын

The I-130 petition is the petition that starts family-based cases.

@ShirleyGCruz 3 жыл бұрын

If I get the green card for my mom, can't she try to get the visa for my step-parent later?

@BataraImmigrationLaw 3 жыл бұрын

Yes.

@patrickwanyonyi4799 3 жыл бұрын

@@BataraImmigrationLaw That's a positive, just wondering if it would take a long time to go this route. you know biological parent gets a greencard, then how soon after that can he/she apply for the step parent? i mean if people are old and they've been living together for decades, to separate them for long is usually not good...

@tariqkheri4926 2 жыл бұрын

I am a Naturalized US citizen, can I bring my step mom to the US?

@BataraImmigrationLaw 2 жыл бұрын

Maybe. It depends on the facts of your case.

@mohammadal-sadi9843 3 жыл бұрын

But only the girl is over the age of 18. Only by 3 months. The Immigration Department does not take a mercy view of this ؟

@BataraImmigrationLaw 3 жыл бұрын

I do not understand the question.

@amiraa9577 2 жыл бұрын

Can bring my stepfather and stepmom to USA please?

@BataraImmigrationLaw 2 жыл бұрын

It might be possible. As the video you watched noted, it depends on the facts of your stepparent's case. Are both your parents "step-parents"?

@josuemorataya9219 2 жыл бұрын

If I applied for my father and his current wife they married when I was 16, same age when my little sister was born can they all come as a combo or each has to come on a different petition?

@BataraImmigrationLaw 2 жыл бұрын

Two petitions.