Can I include them in my PAR immigration application?

Asked on Jan 29th, 2011 on Immigration - California
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I qualify for PAR for my father who remarried my stepmother in Dec 2010 after I turned 18. She has two biological children ages 14 & 15 from her former husband. They are here on a B2 visa now which expires in five months. After arriving and seeing our lifestyle he decided he would like to live here. Can I include them in my PAR? If not after becoming a PLR can he apply for his wife & step children. If so, can they remain here or will they have to return to China and wait? If they have to return and wait how long will they have to wait before he can file a PAR for them or can he file immediately upon becoming a PLR.
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Answered on Feb 21st, 2011 at 2:53 PM
I am not sure what PAR stands for nor what your status is. If you are a USC over 21, you can petition for your father to become a permanent resident (LPR). He can file for his spouse and any unmarried minor children or stepchildren under 21 (provided his marriage to their mother occurred before their 18th birthday - they will be in the FB-2a category which is backlogged several years. There are multiple steps involved. The first step can be filed for each immediately but does not give them the legal right to remain here after their B-2 expires so it is important to get them into another nonimmigrant status such as F-1 student (cannot attend public school). You really need a consultation to sort out the best immigration plan for each of your family members as what is best for one may not be best for another. If you would like to do this contact me as indicated below. We do charge for consultations but what you pay for the consult would then be a credit toward the fees for your case if we are retained after the consultation.

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Answered on Jan 31st, 2011 at 12:58 PM
As a U.S. Citizen you can petition your step-mother if the step-parent relationship was created before you turned 18 years old. Since your father and step-mother did not married until after your turned 18, you cannot petition her. Additionally, even if you could petition her, her children would not be included in the petition since there are no derivative beneficiaries in an immediate relative petition. After you father becomes a Legal Permanent Resident he could petition his wife and step-children, but it does not grant them the right to remain in the U.S. after their visitor status expires.

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