Chipley, FL Immigration Law Firms & Lawyers

Although not a guaranteed solution to avoiding court, if you intend to go back to your home country for good, you may wish to write a letter to the California Service Center since you live in Florida and you would be filing an I-751 application to that service center as it has jurisdiction over Florida. You can explain your circumstances, that you will not be remaining in the US, and perhaps give some proof such as an air ticket of your intent to depart. Upon your departure, you can also inform the Center that you have departed and give them proof of such, e.g. copy of passport showing entry into your home country.  The address of the California Service Center for I-751's is:    U.S.C.I.S. California Service, PO Box 10751 Laguna Niguel, CA 92607-1075   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.  

Truth is that you can have a petition filed on your behalf by your US citizen step mother. While it may seem a little out of sorts that she could file a petition for you now that the marriage has dissolved, the immigration law does provide that opportunity to pursue the submission of a visa as long as there is evidence of a bond food parent-child relationship. What I would suggest is that you and her schedule a telephonic conference with an attorney and consult about this possibility. Keep in mind that if step mom does file this petition, there is a significant period of time during which you will have to wait for the petition to become current. Likewise, your dad could also file a petition on your behalf as long as you are not married. The waiting period for a visa to become available thru your dad is longer thank that thru your mom. But if your dad becomes a US citizen, then the petition is upgraded and the waiting period is exactly the same. If I were advising you, and as long as dad plan on filing to become a US citizen, I would probably recommend that he file for you rather that her doing it. Either way the end result and the waiting period are the same. You just have to figure out the best way to handle this for you and the potential obstacles that may get thrown at you either way. A definitely fixable problem as long as you understand the potential complications and the waiting line. Good luck.

Aging out has a complicated set of rules. There is a chance that you may age out. However, if you are in the U.S., then you 'may' qualify to adjust status based upon INA Section 245(i). I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney. You will need to find a law firm, like our office, that takes the time to evaluate the situation and provide enough answers to satisfy your concerns. This may take a while, which is why many attorneys choose to charge an appointment fee.