Petition for stepchild over 21 & married, already in USA asylum seeker

[Moonspell360 1]

Question:

I'm american citizen, married with a stepdaughter already in US, I married her mother when my stepdaughter was 17, she was unable to come to US  back then.

In 2023 she is already 24  came with her husband and her daughter seeking asylum, they have not a court date yet.

I know the category is no longer inmediate relative, right now it falls into F3 category

My question is: Is she able to remain in United States if I apply for a visa for her? Is she able to include her child?

 

I hope to get an answer before she gets a court date or before ICE knock on her door.

 

[appleblossom 3,937]

14 minutes ago, Moonspell360 said:

Question:

I'm american citizen, married with a stepdaughter already in US, I married her mother when my stepdaughter was 17, she was unable to come to US  back then.

In 2023 she is already 24  came with her husband and her daughter seeking asylum, they have not a court date yet.

I know the category is no longer inmediate relative, right now it falls into F3 category

My question is: Is she able to remain in United States if I apply for a visa for her? Is she able to include her child?

 

I hope to get an answer before she gets a court date or before ICE knock on her door.

 

 

No, just submitting a petition for her doesn't mean she can stay. 

 

She can only stay once she has applied for adjustment of status, but that would be 15-20 years away (if she's still in the US by then). Her daughter may be able to be included, it will depend on if she ages out or not by the time a visa is available to them.

 

Her asylum will be decided long before she'd get a visa through you, but definitely submit the I-130 asap to have it running in the background just in case.

 

Best of luck.