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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 107651
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Im currently 19 years old and my dad married his current wife

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Im currently 19 years old and my dad married his current wife ( a U.S citizen) 3 months after i turned 18. My stepmother petitioned my father and I, and my petition got rejected, because of my age. While doing research, I found out that my petition got rejected because I'm not the legal stepson of my stepmom( since they got married after I turned 18). I have been maintaining a stable relationship with my stepmom for about 4 years, and she knows me since I was little as we met in my home country. Can I file another petition claiming that we have been maintaining a stable relationship a few years before they got married? If so, which steps should i take?
I also applied for Deferred Action, but I did so under my brother's Address. Will that affect the petition or will it make it harder to prove my case?

Guillermo J. Senmartin, E :

Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one.

Guillermo J. Senmartin, E :

Are you currently inside of the U.S.? What visa did you use to enter the U.S.?

Guillermo J. Senmartin, E :

And what age were you when you entered the U.S.?

Customer:

Im currently in the U.S and I used a tourist Visa. I was 11 years old.

Customer:

?

Unfortunately, it doesn't matter what you file in regards XXXXX XXXXX step-mother/step-child relationship. The law is clear about that. It doesn't matter that you had a relationship before she married your father. The marriage between your father and her had to happen before you turned 18. If it did not, then you just do not qualify. The only exception is the K-1 and K-2 visa. That exception is that you could have come in before age 21 on a K-2 visa, then they could have married and you could have gotten Residency like that. But it is too late for that now. Why? Because even if your parents were to divorce and you and your father leave the U.S. and your step-mom apply for you and him to get K-2 and K-1 visas, while you are still under 21, because your father and yourself have more than 1 year of being illegal in the U.S. you would activate the 10 year bar to coming back. You would have to get a very hard to get waiver to come back without waiting outside for 10 years. I do not recommend that.


So for now, just do the Deferred Action. You should qualify for that with no issue and it doesn't matter that you had a previous petition that failed.


I wish I had better news for you, but at least you have DACA. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/ and make sure you type: FOR GUILLERMO on the subject line. Thank you!
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