Could me and my husband still sponsor my stepson- Immigration.?

[Concerned Parent 0]

Could me and my husband still sponsor my stepson- Immigration.?

My stepson came legally to the US when he was only 6 years old. He is now 17 years old. I have been married to a his father for 2 years now (I recently just became a US citizen, my stepson was 16 when we married). Unfortunately about 5 months ago, my stepson got charged with a felony (Breaking and entering night time, conspiracy, and accessory before the fact). The DA wants him and his friend to testify against the other 2 involved who are adults already. My stepson and his friend(driver) were never actually inside the house but were arrested inside the back sit of the car waiting to be taken home. Everyone in the car was overage except him. It was proven already that they had never entered the house since witnesses came forward. Could my wife still petition for my son to get a green card or will he be deported if convicted? Serious answers only please. He is also already a sophomore in college, we don't want to lose him.

[Gary and Alla 3,694]

Could me and my husband still sponsor my stepson- Immigration.?

My stepson came legally to the US when he was only 6 years old. He is now 17 years old. I have been married to a his father for 2 years now (I recently just became a US citizen, my stepson was 16 when we married). Unfortunately about 5 months ago, my stepson got charged with a felony (Breaking and entering night time, conspiracy, and accessory before the fact). The DA wants him and his friend to testify against the other 2 involved who are adults already. My stepson and his friend(driver) were never actually inside the house but were arrested inside the back sit of the car waiting to be taken home. Everyone in the car was overage except him. It was proven already that they had never entered the house since witnesses came forward. Could my wife still petition for my son to get a green card or will he be deported if convicted? Serious answers only please. He is also already a sophomore in college, we don't want to lose him.

Who's son is this? It would appear he is neither your son nor your husband's son? Please explain, it makes a difference.Where is this child now? How is it that his father is a US citizen and the child is not? I guess I am confused.

Edited February 27, 2012 by Gary and Alla

[LIFE'SJOURNEY 970]

Could me and my husband still sponsor my stepson- Immigration.?

My stepson came legally to the US when he was only 6 years old. He is now 17 years old. I have been married to a his father for 2 years now (I recently just became a US citizen, my stepson was 16 when we married). Unfortunately about 5 months ago, my stepson got charged with a felony (Breaking and entering night time, conspiracy, and accessory before the fact). The DA wants him and his friend to testify against the other 2 involved who are adults already. My stepson and his friend(driver) were never actually inside the house but were arrested inside the back sit of the car waiting to be taken home. Everyone in the car was overage except him. It was proven already that they had never entered the house since witnesses came forward. Could my wife still petition for my son to get a green card or will he be deported if convicted? Serious answers only please. He is also already a sophomore in college, we don't want to lose him.

Not quite clear, has he been convicted or just charged as of this writting. If he has just been chargde, try to get a stat docket with the DA. He won't be charge, he will cooperate with the DA. Rght now,is he still in lock up, does ICE have a hold on him. If ICE doesn't have a hold, then file his 130 yesterday.

Edited February 27, 2012 by LIFE'SJOURNEY

[Tim/Mav 305]

Nothing can be done really until the Court proceedings are concluded.

The Bad is the Activity was pre-planned as you say. Be very Careful. You mentioned the DA wants a plea-bargain for a lessor crime for his testimony. Thats a Killer for the record, but, there is a record, minor or not.

Take advise from others here but wait until this case is closed before stressing yourself out.

It is bad! Wait for the outcome and consider an Attorney at the appropriate time.

[LIFE'SJOURNEY 970]

Need attorney to negotiate a stat docket with the DA.

[Tim/Mav 305]

Need attorney to negotiate a stat docket with the DA.

I agree. The DA will step all over your son and your.

[Concerned Parent 0]

Not quite clear, has he been convicted or just charged as of this writting. If he has just been chargde, try to get a stat docket with the DA. He won't be charge, he will cooperate with the DA. Rght now,is he still in lock up, does ICE have a hold on him. If ICE doesn't have a hold, then file his 130 yesterday.

Ice has no hold on him. He is out on bail.

[Tim/Mav 305]

Ice has no hold on him. He is out on bail.

Does not matter. Out on Bail is irrelevent. Charges still pending. THINK

Kind of thinking about it. He did it on purpose and was all pre-meditated. Maybe, bailing him out was wrong to do. Do the Crime, do the time. Young kids make mistakes and as parents we take over when in need. Nothing wrong with that. I feel your pain as a parent myself.

Edited February 27, 2012 by Tim/Mav

[Concerned Parent 0]

Who's son is this? It would appear he is neither your son nor your husband's son? Please explain, it makes a difference.Where is this child now? How is it that his father is a US citizen and the child is not? I guess I am confused.

Sorry, its my husband's son but I consider him my own already. He is out on bail. Ice did not put any type of hold on him. My husband is filing for a change of status now since I just became a US citizen. We were going to file for him also but things aren't looking too well... Should we just file for my husband now and for him later on?

Edited February 27, 2012 by Concerned Parent

[LIFE'SJOURNEY 970]

Can't file 130 until case has been resolved. Good no ICE hold, so he is not in deportation status. Get a lawyer to negotiate with DA. After trail, if no jail time then file 130 & AOS, if the child is your step son thru marriage.

Edited February 27, 2012 by LIFE'SJOURNEY

[bigdog 376]

Try and get the charges dropped, maybe see a criminal and immigration attorney.

[Gary and Alla 3,694]

Sorry, its my husband's son but I consider him my own already. He is out on bail. Ice did not put any type of hold on him. My husband is filing for a change of status now since I just became a US citizen.

Why can't he file for a status change with your husband? YOU would be the sponsor. If you married the child's father before the child was 18, then he could be included in any filing for adjustment of status. Someone can correct me if I am wrong but that is what ot sounds like to me.

I amno teven addressingthe criminal issue right now, just the immigration issue. You are a new citizen, you have filed an I-485 for your husband? and maybe an I-130? Why was the child nt included in those filings?

As for later, if you married the father before the child was 18 then you can adjust his status and file an I-130 for him up to age 21

Edited February 27, 2012 by Gary and Alla

[LIFE'SJOURNEY 970]

Gary even if they file now, son's finger prints will show up in FBI database. They will receive a RFE for final court papers. So it makes no sense to hold up the husbands AOS.

Please make sure son did not make any indication that he is a USC,

Edited February 27, 2012 by LIFE'SJOURNEY

[Tim/Mav 305]

Gary even if they file now, son's finger prints will show up in FBI database. They will receive a RFE for final court papers. So it makes no sense to hold up the husbands AOS.

Agreed Again. Chances for the boy are very slim.

[Concerned Parent 0]

Why can't he file for a status change with your husband? YOU would be the sponsor. If you married the child's father before the child was 18, then he could be included in any filing for adjustment of status. Someone can correct me if I am wrong but that is what ot sounds like to me.

I amno teven addressingthe criminal issue right now, just the immigration issue. You are a new citizen, you have filed an I-485 for your husband? and maybe an I-130? Why was the child nt included in those filings?

As for later, if you married the father before the child was 18 then you can adjust his status and file an I-130 for him up to age 21

I have not filed for any of them yet, I just became citizen so we had just started the paperwork. He has an attorney. We are just afraid that if I file for both of them, both of them would be denied since his son has pending charges.