Petition for child for AOS

[zen18]

Hello everyone,

I have some doubts, and someone's insight on them.

Currently, my stepdad is a U.S. citizen and is about to petion for my mom and I. My parents have been married for 7 years, but my stepdad just became a citizen therefore he couldn't petition for us until now.

I'm worried about the fact that I just turned 18 a few months ago. I came in to the U.S. legally with my mom under a tourist visa, and we were inspectioned before coming in, the problem is that we have overstayed our visa. I don't know how this will affect us. A lawyer told us that it wouldn't be a problem since my stepdad is a citizen. I'm just confused, and I need clarification.

I know that after a child turns 18, then a ban is applied, and I'm really worried that that will stop me from being eligible.

Thank you! I hope someone can help me out.

[JustMe]

Welcome to the forum. :)

My daughter also just turned 18. She is an overstay as well. You don't have to worry about your age. As long as you are not 21 you can adjust your status through your step dad, as soon as he becomes a USC.

[Laura]

Zen18 - Welcome. I think you should try to ask Laurel Scott at her attorney chat next Wednesday and ask.

I don't think this is going to work honestly. There won't be 245i benefits since he's just about to file for you, and once you accumulate 6 months of unlawful presence, you'll have a ban. If your spouses were filing for you, it would be okay because the unlawful presence is forgiven by marriage to a USC, but I don't think it works that way for a child of a USC. I hope someone else chimes in... I'm not so clear on this issue.

You can attend Laurel's chat at 11:00 am central time on Wednesday at visacentral.net.

[JustMe]

Laura, I believe you are correct. If the father didn't petition for her before April 30, 2001 she is not eligible to file in the US.

You may be eligible to apply for adjustment to permanent resident status if you are already in the United States and if one or more of the following categories apply to you.

You are the spouse, parent, unmarried child under age 21, the unmarried son or daughter over age 21, the married son or daughter, or the brother or sister of a United States citizen and have a visa petition approved in your behalf.

[zen18]

So, my stepdad won't be able to petition for me then?

Ugh, I can't believe this. I hope there's another way out.

We're going to go see a lawyer next to see what he has to say.

[JustMe]

Sorry about my first post. The difference with my case is, I filed a labor certificate before April 30, 2001.

[Laura]

Well, you haven't accumulated enough unlawful presence to have a ban yet, but you'd have to leave before six months has passed, or for sure leave before a year has passed. If you have between 180 and 365 days you'd only have a three year ban before you could be petitioned.

As far as the step-dad part, I guess I don't even know if he can petition for you, I didn't even think about that part. In theory, if your step-dad files AOS for your mom (which she'll be eligible for since she came in on a visa) and then she gets her citizenship in three years she could petition for you, but that will take a long time....

Make sure whatever lawyer you talk to is really experienced with this stuff.

[IBMMuseum]

...As far as the step-dad part, I guess I don't even know if he can petition for you, I didn't even think about that part...

An I-130? Sure, a (USC) stepparent can petition for their unmarried "child" under the age of 21, as long as the marriage creating the relationship took place before the stepchild's 18th birthday (if it is an unmarried applicant over the age of 21 it has to be a true son or daughter of the petitioner, often meaning biological, because a USC adopting could confer citizenship through other applications). Think of how a K-4 (which have to have their own I-130 submitted at some point) applicant would have to progress through the system.

I've got three of them here...

[zen18]

I know for sure that a stepparent can petition for his/her child, but the problem with me now is the fact that I'm 18 years old. I guess I have no way of becoming ever legal plus I will be banned for 10 years.

From what you guys tell me, it seems even pointess to go visit a lawyer.

Thanks for the information anyway.

[Marie]

You'll only get banned for 10 years if you overstay for over a year past your 18th birthday.

[Laura]

Sorry for the confusion about the step-dad part. I learned something new, and that's good.

Zen18, basically, you can hope for the Dream Act, leave before you have a ban and wait our the petition for the visa in another country, or hope you fall in love with a USC who can petition and file a waiver for you in the future.

[aleful]

Zen,
Don't Worry, Since You Entered Legally To The Country As A Minor And Your Stepdad Is A Us Citizen, He Can File For You, Since He Married Your Mom Before 18 And You Are Not 21. The Legal Age For Immigration Is 21. Being Married To A Us Citizen Gives You The Possibility To Pardon Any Overstay Of Your Turist Visa. So He Can File For You Both. Have Him File For Both Of You As Soon As Possible Because Your Petiction Takes Longer Than Your Mom And You Have To Be Under 21.
Take Care