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Immigration Issues/Stepparent sponsoring child

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Question
hi there. My mom married my step dad before i was 17. Ive been living in the US illegally. Now im 18 and so i just found out that i had to leave the country within the 180 days to avoid the 3 bar. My step dad is a US citizen and didnt file a petition for me and my mom because she should have left the country with a 10 year bar. But recently my mom left the country because of an emergency. my question is can i obtain a green card through my step dad or is it too late,and the only option is to leave the country on the 3 year bar?

Answer
Hi,

As the marriage occurred before you were 18, you can be sponsored by your stepfather and adjust status in the U.S., assuming that you entered the U.S. legally even if the authorized stay has expired. You must be sponsored before you are 21 years of age in order to be considered an "immediate relative": www.h1b1.com/sponsor.htm

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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