Q&A: Can my step father petition for me to immigrate?(6/29/11)

Question: I am from the UK and my mother married an American when I was 16 (25 Now), so I have an American Step dad and 2 Stepsisters and 1 Stepbrother. Stepdad lives here in the UK but I want to live in the states. So do I have any ‘way in’? I am studying towards a good degree and would be employable.? 

Answer:  Yes your step father can petition you as son/daughter of US citizen since your mother married him before you reached 18.  It may take several years though for the visa number.  He should file I-130 visa petition for you first and then wait for the visa number.  Be aware that once he files immigrant visa petition for you, you will be considered to have “immigrant intent”, which may affect your non-immigrant visa or entry into the US.

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