Nash, TX Immigration Law Firms & Lawyers

It depends why the renewal was denied. You also may be able to petition for him to get a green card. Much more information is needed. Consult with an immigration attorney. Call me if you'd like.

If your stepfather and your mother are not married, he is, legally, is not your stepfather. Moreover, the immigration law requires that the stepfather/stepchild relationship be formed before the stepchild reached 18 years of age. If you are 21 now (and you cannot petition for your parent, biological or step, until you reach 21), it appears that the law will not recognize the man who marries your mother now as your stepfather for whom you could file an immigrant petition. Your attorney could make some creative arguments in support of your ability to be your stepfather's immigration petitioner, but it is difficult to predict whether these arguments will be accepted by the court. In any case, without your mother's marriage to your stepfather, you cannot do anything for him.

Your stepmother can petition for you and your father at the same time if she marries your father before you turn 18 years of age. The petition must be submitted before your 21st birthday or you will fall within one of the preference categories and must wait time for the availability of a visa number.