Newberry, FL Immigration Law Firms & Lawyers

Your US citizen son is too young to sponsor your immigration. You may apply for B2 visitor visa to come to the US if you can convince the consular officer that you have strong ties to your country and you will return after your short visit.

This is a common occurrence and it is not all that problematic. You will be required to file an I-130 for your husband and your step son. In the category of spouses, unmarried children (under 21) and parents of US citizens, there are no derivative benefits available with these petitions. Meaning that your step son will not derive any benefit from the visa petition you file on behalf of your spouse. I would suggest that you file the I-130 for your step son and the adjustment of status package for your spouse together - but keep in mind that they do not go to the same filing location. Each application package will be processed and it is very likely that your spouse's applications will be completed prior to your step-son's Form I-130 being sent for processing at the US Consulate overseas. Often, we do see that I-130's filed for children overseas will not be processed until the biological parent's applications are completed in the US so this could delay the process a bit. But my advice would be to file both.

To obtain a change of status to F-2, the applicant must be in valid nonimmigrant status. U.S.C.I.S. does make a few exceptions, but the rule of thumb is that the privilege of change of status requires the maintenance of a current immigration status.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.