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Filed: Country: Mexico
Timeline
Posted

Hi everyone

Hi Ive been doing some research, About making my stepson and citizen. Me and my wife been married for about 10 years, At the time my son was about 15-16.

I would to know if their any chance that he can get his green card. Because it is really tough with out it. One last thing his here already illegally.

Filed: Citizen (apr) Country: Canada
Timeline
Posted

What is the status of your wife?

Good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Filed: Citizen (apr) Country: Canada
Timeline
Posted

What was the last entry of your step son? How long ago and was it legal?

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Filed: Citizen (apr) Country: Argentina
Timeline
Posted

the same would happen as your wife.

he cannot adjust here since he came ilegally. he would have his interview in his country of origin. if he leaves, he will trigger the 10 year ban, since he is over 18.

I know there is a waiver for parents filing for children. I don't know if the waiver i601 and the hardship letter applies to stepparents as well. and they will ask where is his mom, too.

I think his best bet would be if the Dream Act passes.

Filed: Citizen (apr) Country: Canada
Timeline
Posted

The Dream Act is not going to pass any time soon.

It doesn't matter WHEN he was brought here, it matters that when he turned 18 he did not depart the US and chose to remain in the US illegally - accuring more than 365 days of illegal presence in the US. That means a 10 year ban. He cannot adjust status within the US.

There are waivers available if you qualify, however this would mean having your wife and step-son depart the US for an unknown period of time. The benefit to this is making them legal and no longer being worried about deportation - which complicates thing tremendously

Good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Filed: Citizen (apr) Country: Argentina
Timeline
Posted

The Dream Act is not going to pass any time soon.

It doesn't matter WHEN he was brought here, it matters that when he turned 18 he did not depart the US and chose to remain in the US illegally - accuring more than 365 days of illegal presence in the US. That means a 10 year ban. He cannot adjust status within the US.

There are waivers available if you qualify, however this would mean having your wife and step-son depart the US for an unknown period of time. The benefit to this is making them legal and no longer being worried about deportation - which complicates thing tremendously

Good luck

ditto,

immigration finds a child accountable after 18, as he stayed on his own will. minors can't decide for themselves.

it doesn't matter at what age he came, the fact is, he stayed after he was 18. If he would have returned to his home country before or at 18, there would not have been any illegal presence accrued.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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