Is this lawyer trying to scam us?

[Xanderrax 0]

Hey guys, I was wondering something a lawyer told me today, an aunt told us some time ago that she would reach an immigration lawyer in order to clear some of our doubts regarding our situation. The situation is that my mother wants me to fly immediately to the states so I can get a green card, she will be getting married to a U.S. citizen and will get herself, my sister and I, a green card. My sister is ok because she is 13, but I am 19, about to be 20, and I'm afraid because I read on the UCSIS site and many other pages and forums, that a U.S citizen can petition for a stepchild, how my sister will be petitioned, as long as the marriage took place before the child's 18th birthday. I obviously don't qualify for this rule, but the lawyer told us that it could be made as long as I was in the states, and if I wasn't there I would fall to another category or some BS like that. My aunt and mother were very convinced by this person, but I'm really skeptical, but I really want to live in the states and I wouldn't like to lose my job and all of that on my country for a chance that is very unlikely, thank you for reading and helping.

[Marzena & Stephen 544]

1 hour ago, Xanderrax said:

Hey guys, I was wondering something a lawyer told me today, an aunt told us some time ago that she would reach an immigration lawyer in order to clear some of our doubts regarding our situation. The situation is that my mother wants me to fly immediately to the states so I can get a green card, she will be getting married to a U.S. citizen and will get herself, my sister and I, a green card. My sister is ok because she is 13, but I am 19, about to be 20, and I'm afraid because I read on the UCSIS site and many other pages and forums, that a U.S citizen can petition for a stepchild, how my sister will be petitioned, as long as the marriage took place before the child's 18th birthday. I obviously don't qualify for this rule, but the lawyer told us that it could be made as long as I was in the states, and if I wasn't there I would fall to another category or some BS like that. My aunt and mother were very convinced by this person, but I'm really skeptical, but I really want to live in the states and I wouldn't like to lose my job and all of that on my country for a chance that is very unlikely, thank you for reading and helping.

I always thought it was unmarried children under  21 years old but I could be wrong. 

 

Nevermind just read the term regarding 18 yrs old step child 

Edited April 3, 2018 by Marzena & Stephen

[Boiler 46,278]

On what basis would you enter the US?

[aleful 1,905]

hi

you are more knowledgeable than that attorney that wants to scam them

 

it is fraud to enter the country with the intent to adjust status in the first place. in second place, the marriage had to have been before you turned 18, which isn't your case, so your stepfather can't file for you, you will end up being undocumented and deportable, with not much future in the country

 

you will need to wait until your mom gets her GC and file for you. the wait would be over 6 years because you will be over 21 or you will turn 21 during the petition

 

 

[NigeriaorBust 4,087]

  Here is where a K1 petition has an advantage. It would allow for under 21 children of the fiancé to come to the US.  If you mother isn't already married , how will she enter the US ?

[milimelo 4,572]

Your best option is going in on K-2 visa as allows child under 21 to qualify. Your mother needs to come on fiancée visa so tell her not to get married now and do fiancée visa so as not to screw you over. 

[Xanderrax 0]

No, she's already in the U.S. along with my sister with a tourist visa, she will adjust status. I was supposed to emigrate to the U.S. with a tourist visa, and then being petitioned as a stepchild of the U.S. citizen along with my sister and adjust status, but I'm ineligible because of my age. There's no fiancee Visa or anything, so basically I'm screwed up because my mother is waiting for me to come in order to file, whether I come or not is my decision. I really doubt she would like to come back here and get a fiancee Visa or anything like that, since she doesn't have the budget to come back here (plane tickets to our home country are really expensive).

[Boiler 46,278]

Now I think of it I remember your previous thread on this subject, nothing has changed.

[geowrian 22,338]

6 hours ago, Xanderrax said:

No, she's already in the U.S. along with my sister with a tourist visa, she will adjust status. I was supposed to emigrate to the U.S. with a tourist visa, and then being petitioned as a stepchild of the U.S. citizen along with my sister and adjust status, but I'm ineligible because of my age.

Your age is one issue. It's also fraud to do what you described, which is a bigger issue. You cannot come on a tourist visa with intent to adjust status.