USC petitioning legal Stepchild who is currently in US under a TOURIST VISa

[Chazzie 1]

Hi everyone!

My Dad is a USC and my mom married him before my youngest sibling turned 18. She is considered a legal stepchild and now that she's here in the US, my stepdad wanted me to help him process her papers. (My mom is a LPR and I petitioned her myself (parent of USC) in case you are wondering. )

Is it possible to file I 130 concurrently with I 485 as long as her stay is still valid here in the US?

If so, how do i answer part 3 question a of i485 *have you ever applied for permanent resident status in the US?

Do i click yes since im concurrently filing for i130 or no?

Thank you in advance! Good luck to us all!

[aaron2020 11,651]

Hi everyone!

My Dad is a USC and my mom married him before my youngest sibling turned 18. She is considered a legal stepchild and now that she's here in the US, my stepdad wanted me to help him process her papers. (My mom is a LPR and I petitioned her myself (parent of USC) in case you are wondering. )

Is it possible to file I 130 concurrently with I 485 as long as her stay is still valid here in the US?

If so, how do i answer part 3 question a of i485 *have you ever applied for permanent resident status in the US?

Do i click yes since im concurrently filing for i130 or no?

Thank you in advance! Good luck to us all!

Hi,

Going to assume that she is unmarried and entered legally.

Since her USC stepdad married her mom before her 18th birthday, he can file an I-130 for her.

If she is currently under age 21, she can adjust status in the US with an I-485 as the Immediate Relative child of a US citizen.

If she is 21 or older, she must wait for an available visa in the F1 family preference category; she must return home to wait about 15 years. An I-485 will be denied.

When will/did she turn 21?

She is considered to have applied for permanent residency if she filed for an immigration visa (DS-230 or DS-260) or permanent residency within the US (I-485). You or mom filing the I-130 (without your sister filing a DS-230, DS-260, or I-485) does not constitute her applying for permanent residency.

Best of luck.

[aleful 1,905]

hi

it depends on how old is she now, is she under or over 21?

[Chazzie 1]

She is 19 y/o and unmarried. ?

[aleful 1,905]

hi

as long as she is under 21, she will be able to adjust status in the US

[Boiler 43,429]

Sounds odd the OP is confirming this.

Hey ho.