Towson, MD asked in Immigration Law for Pennsylvania

Q: I am a US citizen & my stepdaughter is coming into the US for her master's education.

I am a US citizen & my stepdaughter is coming into the US for her master's education. Can I file for a change of status for her to a green card while she is in the US on a student visa?

Related Topics:
3 Lawyer Answers
Alexander Ivakhnenko
Alexander Ivakhnenko
Answered
  • Immigration Law Lawyer
  • Wheeling, IL

A: You need to discuss with the adopting agency whether you have legally adopted that child (what is the age of that foreign national?) in order to petition for that immediate family member.

Also, it seems by logic the immediate family member would reside with either a biological or adoptive parent.

Something does not add here.

Kyndra L Mulder
PREMIUM
Kyndra L Mulder
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: Assuming she is your step daughter through your wife you may sponsor her. However unless she is under the age of 21 a green card is not available to her immediately. By the time a green card is available to her she will have aged out unless she is protected by the Child status Protection Act. What about her mother? Is she a USC?

Raymond  Lahoud
Raymond Lahoud
Answered
  • Immigration Law Lawyer
  • Allentown, PA

A: A step-daughter may not qualify, depending on when the underlying marriage occurred, the date of birth of the step-child, age at the time of marriage, and age now. If the step-daughter is over 21, there may be significant wait times to be able to adjust status.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.