Blythe, GA Immigration Law Firms & Lawyers

No. In order to petition for you, a person must be over 21 years old and legally in the U.S., preferably a U.S. citizen and related by blood or married to you. As this is your stepson and he is only 5 years old, he would not qualify. The fact that he is handicapped is irrelevant. Is there a reason why his father, who I assuming you are married to, will not petition for you? You may wish to consult with an experienced immigration attorney in your area and explain the complete circumstances of your situation. There may be other options available to you which he/she can advise you of.

The Immigration Service (USCIS) has standard denial forms and they tell you that they cannot be appealed and that you must leave within 30 days.  From the brief facts that you provide it appears this is an adjustment of status case that was denied, you don't provide the reasons so it is impossible to evaluate the case. What USCIS does not tell you, is that the denial of an adjustment of sttaus case can be reviewed, and in fact renewed, before an Immigration Judge.  It is possible that the case has a remedy and I would strongly encourage you to get legal counsel before your brother in law departing.  If he has been here illegally for a year or longer, as it seems he has, and departs the U.S., he will incur a 10 year bar prihibiting him from returning to the U.S. for those 10 years unless he obtains a waiver.  Furthermore, even if he has to depart the U.S. in order to pursue his green card from abroad, under current regulations, he may be eligible for the provisional waiver which allows the spouse of a U.S. citizen to apply for the waiver before leaving the U.S., thus making his stay abroad minimal.  Please understand that the answer I am providing you is based on the limited information you have provided.  If you wish to discuss this in more detail, please feel free to contact me at (619) 291-1112.  Jan Joseph Bejar, Esq.

Yes if you do not have assets or income that are sufficient to qualify as a standalone sponsor for your parents, then you will need to engage a joint financial sponsor that will meet the necessary income levels to sponsor jointly your parents.