DNA NIghtmare!!

[Deputy Purple 1,294]

Mandyt,

Here is the proper link.

Which does state that a step parent/child relationship can survive the divorce for immigration purposes.

[james&olya 1,121]

Yes, we think you are right. An expert is needed here because we have read and re-read and now we are confused based on all the different information we are getting. We are so grateful for all the responses. Thanks.

Exactly your bold makes our point. It clearly states if the marriage is or was, meaning existing or not. Stepfather married mother before child turned 18 years. The other section about divorce means that proof must exist to show relationship never ended after marriage to natural parent.

Seems pretty clear to me. You get potential immigrant status if your step-parent is a USC or LPR. Even separated if there is an ongoing relationship. But NOWHERE do I see where having been in the past a step-child to a USC or LPR continues to confer any immigrant status after the relationship has ended, which divorce does in a legal sense. It is great if you continue a relationship otherwise but that relationship is not recognized under the law. Seems a waste of money to hire a lawyer but I have no doubt you can find one to take your money. Sorry to say this but I don't see any hope here for you. If you want to be USC you will need to look at other options! Good luck!

[ATPEACE 43]

Mandyt,

Here is the proper link.

Which does state that a step parent/child relationship can survive the divorce for immigration purposes.

Hey Bob, this link goes nowhere, i tried the path and it doesn't take me the page either. ????

[NigeriaorBust 4,087]

But the same referenced pdf states that a "child" ( stepchild) classification is only valid until the age of 21. So I assume to the relationship is now step adult and doesn't count. I think a consult with someone like Marc Ellis who lives dreams and sleeps immigration law is well worth it.

[portbar 2]

Hey guys I have been posting on behalf of my friend now for the past couple of days. I have gotten some insight on the issue at hand based on the answers we have been getting. We need to tell you exactly what happened, so maybe we can further be helped.

Here goes:

It was the family based petition visa that was denied. My friend is 34 years old. It all happened after a DNA Test. It was negative. The problem is that her now "stepfather" (unbeknowing to both her and her father) was actually married to her mother when she was 9 years old, later divorced and then he remarried an US Citizen. They have always maintained their relationship because they always thought that they were biologically related.

We read upon Immigration Law from a website where it says that if they were married before her 18th Birthday and if the relationship existed after a divorce then they would qualify as stepfather/stepdaughter.

So we were just wondering how is this appealed? Can it actually be fixed?

Thanks again guys.

Read This.........

9 FAM 40.1 N2.2-2 Stepparent/Stepchild Relationships After Termination of Marriage

(CT:VISA-1000; 09-03-2008)

a. A stepchild who has met the requirements to qualify as a “child” of the stepparent under INA 101(b)(1)(B) may continue to be entitled to immigration benefits from such marriage, even though the relationship between the natural parent and the stepparent has been terminated by divorce or by the death of the natural parent, provided the marriage was a valid marriage and the family relationship continues to exist as a matter of fact between the stepparent and stepchild.

b. The fact that the stepparent petitioner is willing to provide the required Form I-864, Affidavit of Support Under Section 213A of the Act is not by itself sufficient evidence that the family relationship continues to exist between the stepparent and the stepchild. There must be evidence of some form of contact (e.g., letters, electronic mail, telephone calls, etc.), though it is not necessary that the stepparent and stepchild have met in person.

Also below the Board of Immigration Appeals rule that after legal separation/Divorce or death the step-child/step-parent relationship may continue to exist.

http://www.uscis.gov/ilink/docView/INT/HTML/INT/0-0-0-63360/0-0-0-84846.html

[portbar 2]

Hey guys I have been posting on behalf of my friend now for the past couple of days. I have gotten some insight on the issue at hand based on the answers we have been getting. We need to tell you exactly what happened, so maybe we can further be helped.

Here goes:

It was the family based petition visa that was denied. My friend is 34 years old. It all happened after a DNA Test. It was negative. The problem is that her now "stepfather" (unbeknowing to both her and her father) was actually married to her mother when she was 9 years old, later divorced and then he remarried an US Citizen. They have always maintained their relationship because they always thought that they were biologically related.

We read upon Immigration Law from a website where it says that if they were married before her 18th Birthday and if the relationship existed after a divorce then they would qualify as stepfather/stepdaughter.

So we were just wondering how is this appealed? Can it actually be fixed?

Thanks again guys.

Read this............

9 FAM 40.1 N2.2-2 Stepparent/Stepchild Relationships After Termination of Marriage

(CT:VISA-1000; 09-03-2008)

a. A stepchild who has met the requirements to qualify as a “child” of the stepparent under INA 101(b)(1)(B) may continue to be entitled to immigration benefits from such marriage, even though the relationship between the natural parent and the stepparent has been terminated by divorce or by the death of the natural parent, provided the marriage was a valid marriage and the family relationship continues to exist as a matter of fact between the stepparent and stepchild.

b. The fact that the stepparent petitioner is willing to provide the required Form I-864, Affidavit of Support Under Section 213A of the Act is not by itself sufficient evidence that the family relationship continues to exist between the stepparent and the stepchild. There must be evidence of some form of contact (e.g., letters, electronic mail, telephone calls, etc.), though it is not necessary that the stepparent and stepchild have met in person.

Also the Board of Immigration Appeals ruled in a case that after divorce or death it may continue to exist.

http://www.uscis.gov/ilink/docView/INT/HTML/INT/0-0-0-63360/0-0-0-84846.html

[portbar 2]

Read this............

9 FAM 40.1 N2.2-2 Stepparent/Stepchild Relationships After Termination of Marriage

(CT:VISA-1000; 09-03-2008)

a. A stepchild who has met the requirements to qualify as a “child” of the stepparent under INA 101(b)(1)(B) may continue to be entitled to immigration benefits from such marriage, even though the relationship between the natural parent and the stepparent has been terminated by divorce or by the death of the natural parent, provided the marriage was a valid marriage and the family relationship continues to exist as a matter of fact between the stepparent and stepchild.

b. The fact that the stepparent petitioner is willing to provide the required Form I-864, Affidavit of Support Under Section 213A of the Act is not by itself sufficient evidence that the family relationship continues to exist between the stepparent and the stepchild. There must be evidence of some form of contact (e.g., letters, electronic mail, telephone calls, etc.), though it is not necessary that the stepparent and stepchild have met in person.

Also the Board of Immigration Appeals ruled in a case that after divorce or death it may continue to exist.

http://www.uscis.gov...-0-0-84846.html

[ATPEACE 43]

Read this............

9 FAM 40.1 N2.2-2 Stepparent/Stepchild Relationships After Termination of Marriage

(CT:VISA-1000; 09-03-2008)

a. A stepchild who has met the requirements to qualify as a “child” of the stepparent under INA 101(b)(1)(B) may continue to be entitled to immigration benefits from such marriage, even though the relationship between the natural parent and the stepparent has been terminated by divorce or by the death of the natural parent, provided the marriage was a valid marriage and the family relationship continues to exist as a matter of fact between the stepparent and stepchild.

b. The fact that the stepparent petitioner is willing to provide the required Form I-864, Affidavit of Support Under Section 213A of the Act is not by itself sufficient evidence that the family relationship continues to exist between the stepparent and the stepchild. There must be evidence of some form of contact (e.g., letters, electronic mail, telephone calls, etc.), though it is not necessary that the stepparent and stepchild have met in person.

Also the Board of Immigration Appeals ruled in a case that after divorce or death it may continue to exist.

http://www.uscis.gov...-0-0-84846.html

"qualify as a Child", this individual does not qualify as a child, durning this immigration benefit period, they are a full adult of age 33.

Yes, a consult with an immigration lawyer would benefit this indiviual, but I see this as a costly and long up-hill battle.

[Used to be broken 147]

"qualify as a Child", this individual does not qualify as a child, durning this immigration benefit period, they are a full adult of age 33.

Yes, a consult with an immigration lawyer would benefit this indiviual, but I see this as a costly and long up-hill battle.

? Is the step parent a US Citizen? Was he a Citizen during the time the child was under 18?

On paper looks like there is a vehicle to attempt as an adult child, perhaps if that is the case an attorney can simply ask the consulate to reconsider if an attorney puts in an "advisory opinion" request.

[ATPEACE 43]

? Is the step parent a US Citizen? Was he a Citizen during the time the child was under 18?

On paper looks like there is a vehicle to attempt as an adult child, perhaps if that is the case an attorney can simply ask the consulate to reconsider if an attorney puts in an "advisory opinion" request.

What they are trying to accomplish will not happen, they will hear this statement a lot, "the spirit of the law". What was the intent of the law". The intent was not to considered someone who was an adult age to be considered under the category of "child".

Seek legal advice...good luck...

[RICARDO4EVA2 194]

just curious was this case/issue broadcasted on the power 106 radio station.. on feb. 3, 2011?

[Boiler 45,402]

Hey guys I have been posting on behalf of my friend now for the past couple of days. I have gotten some insight on the issue at hand based on the answers we have been getting. We need to tell you exactly what happened, so maybe we can further be helped.

Here goes:

It was the family based petition visa that was denied. My friend is 34 years old. It all happened after a DNA Test. It was negative. The problem is that her now "stepfather" (unbeknowing to both her and her father) was actually married to her mother when she was 9 years old, later divorced and then he remarried an US Citizen. They have always maintained their relationship because they always thought that they were biologically related.

We read upon Immigration Law from a website where it says that if they were married before her 18th Birthday and if the relationship existed after a divorce then they would qualify as stepfather/stepdaughter.

So we were just wondering how is this appealed? Can it actually be fixed?

Thanks again guys.

There are definitely possibilities but there is a package of issues which are going to require legal help on both immigration and adoption.