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?

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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
Kyndra L Mulder
PREMIUM
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.

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