Klamath, CA Immigration Law Firms & Lawyers

If your intended's mother only has a green card and filed for her under the F-2B category as the single son or daughter of a permanent resident, her getting married to you would destroy the petition. If her mother is a US citizen, the marriage would change her petition category from F-1 (single son or daughter of a US citizen) to F-3 (married son or daughter of a US citizen). That being said, your marrying her in a bona fide marriage would probably be her best step as she entered the country legally and would be eligible to adjust status approximately 5 to 9 months after your papers are filed for her immigration. Unless she has maintained legal nonimmigrant status or has the benefit of section 245 (i), she would not be eligible to adjust status under her mother's petition when it becomes current and would have to seek consular processing. I do note that with the President's executive action of November 20, 2014, a person in her situation should be able to apply for and see the result of an I-601A provisional waiver application prior to deciding to complete her mother's immigration petition in a consular interview overseas. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

It depends. Is your step dad in the US or outside the US? Are you an American citizen? You must first be an American citizen, age 21 or more. If your step dad is in the US, and entered legally (with inspection - usually means he had a passport, an I-94, and a visa), then file a combined family petition and application to adjust status. Assuming your step dad is admissible (Your step dad should check with an attorney who can screen him - ask him about his previous immigration paperwork, any past deportation, any criminal history, etc.), it would take about 4 months to process from start to finish. If your step dad came to the US without inspection, this is more problematic. You did not indicates whether he is protected under 245i (a law that allow people to file their immigration paper in the US without having to leave the country for 10 years- He might be protected if a relative filed any family petition for him or employer filed any labor certification on or before April 30, 2001). If he is protected, he doesn't have to leave. Simply follow the same step as above and pay $1000 more in filing fee. If your step dad is not protected under 245i, it could be possible to do the paper from his home country, but it is risky. Please speak to an attorney. Bring your dad to see an attorney - many have free consultation.

It would be best to bring the police report (if you made one). Tell the truth and tell the adjudicating officer that your card and passport have been lost (or stolen?) I usually include a copy of my clients' passport(s) with all pages and copy of the green card with all my clients' naturalization application, so hopefully, whoever helped you with your application did the same and the officer will have a copy. Otherwise, the officer will be able to access his computer, see your green card classification and date of issuance. He can also access all your travel dates (dates you left and date you returned to the US) through something called "USVisit". Make sure to have your state ID and all other documents. If there is a problem at the interview about your missing green card and passport, ask for the supervisor.