Denied due to Step Child

[h0tgunn 1]

***** English only in the Immigration forums please! *****

I am so sorry for you, but they were correct; you are not elligible for a visa via your step mom as you were over 18 when the marriage occured. There is nothing to appeal.

Hello Penguin - Thanks! This is what im bothered my step mom file the petition 1996 4 of us one is 17,20,23,27. If there's rule of a stepchild over 18, why is my brother who is in 20 got approved and already left? And why are filed petition in 1996 is being process? If there's such law we already been denied while applying in the first place..

Edited October 15, 2011 by h0tgunn

[h0tgunn 1]

i have done a little research it seems year 1996 immigration law is not that strict comparing year 2000's. there's no law stating the stepchild should be under 18 in 1996. i think that's the reason why pur petition is being process... anyways my parents have talked to an immigrant lawyer and there's a big chance. thought consul are lawyers when i asked him if the law today about the stepchild applies in 1996 he didnt answer. this is where the appeal take place i think...

Edited October 15, 2011 by h0tgunn

[Boiler 46,034]

Before you pay a Lawyer take some second opinions.

[Boiler 46,034]

Duplicate

Edited October 15, 2011 by Boiler

[fazmo 24]

The CO was correct. You are not eligible for a step-child visa since you were more than 18 at the time of your parent's marriage. The reason the petition went ahead all the way to the embassy is because USCIS determined that the claimed relationship existed between the petitioner and the applicant - and that is all they do. The petition approval looks merely if the claimed relationship exists (Are you a step-son of the petitioner). That was determined and the petition was approved. Now the consul must look at every factor and found out about your ineligibility. You don't have any grounds for appeal. Sorry for the long wait.

[h0tgunn 1]

The CO was correct. You are not eligible for a step-child visa since you were more than 18 at the time of your parent's marriage. The reason the petition went ahead all the way to the embassy is because USCIS determined that the claimed relationship existed between the petitioner and the applicant - and that is all they do. The petition approval looks merely if the claimed relationship exists (Are you a step-son of the petitioner). That was determined and the petition was approved. Now the consul must look at every factor and found out about your ineligibility. You don't have any grounds for appeal. Sorry for the long wait.

Thanks for the response. So they dont inspect the birth certificate and age when the petitioned filed in 1996? How come my brother who's in 20 years old got his visa? He was petition at the age of 20. Is it possible didn't check his age by the consul? Anyways will check with the immigrant lawyer.

Edited October 15, 2011 by h0tgunn

[souleymon 27]

Sometimes experience pays better than certification,not all lawyers knows the immigration guildlines and can be misinforming at times.

Really sorry for a long wait

[h0tgunn 1]

If only a lawyer here can check the ruling of a step child way back year 1996... Not the year 2000-present... Many rules have change guys. Even the AOS have change..

Edited October 15, 2011 by h0tgunn

[JimVaPhuong 4,863]

The CO was correct. You are not eligible for a step-child visa since you were more than 18 at the time of your parent's marriage. The reason the petition went ahead all the way to the embassy is because USCIS determined that the claimed relationship existed between the petitioner and the applicant - and that is all they do. The petition approval looks merely if the claimed relationship exists (Are you a step-son of the petitioner). That was determined and the petition was approved. Now the consul must look at every factor and found out about your ineligibility. You don't have any grounds for appeal. Sorry for the long wait.

A petitionable relationship includes checking to see if the step-parent married the biological parent before the child was 18. If everything is at it appears here then USCIS screwed up in approving the petition.

If only a lawyer here can check the ruling of a step child way back year 1996... Not the year 2000-present... Many rules have change guys. Even the AOS have change..

This is a self-help immigration forum. Immigration lawyers don't generally hang out here. There are a few forums where you can find immigration lawyers, but they're reluctant to share any advice for free. After all, they do this for a living.

The only immigration law that took effect in 1996 was the Illegal Immigration Reform and Immigrant Responsibility Act. Nothing in this act changed the law regarding the criteria for a step-parent to petition for a step-child. It appears that USCIS did not understand that there was not a petitionable relationship here.

Why didn't your father petition for you?

[h0tgunn 1]

A petitionable relationship includes checking to see if the step-parent married the biological parent before the child was 18. If everything is at it appears here then USCIS screwed up in approving the petition.

This is a self-help immigration forum. Immigration lawyers don't generally hang out here. There are a few forums where you can find immigration lawyers, but they're reluctant to share any advice for free. After all, they do this for a living.

The only immigration law that took effect in 1996 was the Illegal Immigration Reform and Immigrant Responsibility Act. Nothing in this act changed the law regarding the criteria for a step-parent to petition for a step-child. It appears that USCIS did not understand that there was not a petitionable relationship here.

Why didn't your father petition for you?

Thanks for the response Jim! I dont know maybe theyre not aware of the step child ruling if there is. They just filed our petition together with our birth certificates and it was approved. So you are saying the ruling of the step-parent petition to a step-child is already in the law on the late years??? Maybe someone can show the act of this immigation law together what year regarding step child petition, then i'll truly believe there is...

[h0tgunn 1]

Thanks for the response Jim! I dont know maybe theyre not aware of the step child ruling if there is. They just filed our petition together with our birth certificates and it was approved. So you are saying the ruling of the step-parent petition to a step-child is already in the law on the late years??? Maybe someone can show the act of this immigation law together what year regarding step child petition, then i'll truly believe there is...

And you are right USCIS should filter the applied petition and this maybe the immigrant lawyer can use for the appeal, i guess. My parents already talked to a top immigrant lawyer here in the philippines Atty Garfinkel. He said there's a big chance and he's waiting the final notice??? I dont know what hes referring. Is that the paper signed by the consul which i had?

[Deputy Purple 1,294]

And you are right USCIS should filter the applied petition and this maybe the immigrant lawyer can use for the appeal, i guess. My parents already talked to a top immigrant lawyer here in the philippines Atty Garfinkel. He said there's a big chance and he's waiting the final notice??? I dont know what hes referring. Is that the paper signed by the consul which i had?

Be careful, if your lawyer points out that USCIS made a mistake in approving your petition it could bring the petitions of your siblings under scrutiny. I don't know if there's a time limit for USCIS to realize a petition shouldn't have been approved and thus revoke it and any immigration benefits derived from it but if there isn't your attempt to appeal could actually cause problems for your siblings. You didn't say what happened with your brother who was petitioned at 23 yrs of age but the one who was at 20 could en up being deported.

Edited October 16, 2011 by Bob 4 Anna

[h0tgunn 1]

Thanks for all your inputs! We have a strong case to appeal or reconsideration. Lawyer was right, you can't just throw out the 15 years of waiting because of a simple stepchild rules as most normal petitioners are not aware on this ruling. He says all of us have a very limited information at year 1996 as technology for information is so limited unlike year 2000. You only know the preference saying unmarried son and daughter of us citizen with age 21 and above. There's no unmarried step son and daughter of US citizen with age 17 and below as you already consider you son and daughter of the stepchild if you married the biological father or mother... The petition are filed and process with legitimate papers and in fact it reaches the PD in finalizing the documents and process to check if there's inconsistency and ineligibility. The document showed that petitioner is a step-parent. I remember the NVC is requesting again another AOS due to inconsistency. It proves that they are studying the documents and why disregard the stepchild rules. The DS230 shows that I have a biological mother. It also has the marriage certificate of my stepmom and dad (i saw this during interview). It's very obvious that my birthdate and the date of marriage shows the ineligible of the petition as a stepchild. I can't disclose yet here some statements of the lawyer. :-) But it enlighten my family. One thing he has the humanitarian reconsideration of my little sister who's 60% coma... But the error in processing the petition itself is already a strong case. This is just a simple case not some case is complex like fraud which they reconsider. Once the appeal is granted and reconsider, I'll be scheduled by another interview. It will take 90 days... Thats ok for me since my plan is to go 1st quarter next year even i got the visa.

I'll update you guys once I got the status of the appeal. :-)

[Penguin_ie 5,996]

Since this lawyer is so sure you will win, make an agreement with him to only pay him once you get the visa. See how quickly he changes his tune.

[Gary and Alla 3,694]

Hello there - I hope someone here is an immigrant lawyer. I was being denied due to my step mom (us citizen) who petition me when i'm the age of 27. The consul told me the petition must given to me when I was before 18 of age when the marriage is established to my biological dad. My question is, can this be appeal? How come they didn't deny the petition the time they file the petition in 1996 if there such a law on that scenario. For all these years I've been waiating.. I'm a FB-1 category.

Appreciate someone can help me... :-(

Thanks!

This is correct and cannot be appealed. Your step mother is not eligible to petition you unless you were under the age of 21 (k-2) or under age 18 when she married your father. (Cr-2)

Your father can petition you when he is a citizen.