RE: Can StepMother give GC to StepDaughter

[rick92]

Here is the situation:

Her father and stepmother became a US Citizen in 1991. She ( Mia ) arrived in the US in 2000, she bought a house, her kids are in school, they are not US citizens and while she was being considered for the GC, because her father claimed her as a relative, her father passed away.

After her father passed away, USCIS denied her application for GC. Now her stepmother who adopted her former husband last name and of course has the same last name as Mia's.

Can she acquire GC through her stepmother ??? If not, what can she do?
Thank you in advance for the advice.

 

[raevsky]

That depends on her age at the moment her father married her stepmother. If she was under 18, her stepmother is her mother for immigration purposes. That requires a new I-130 form though.

Also, do not forget this:

9 FAM 42.42 N2.2-3 Upon Death of Petitioner
(CT:VISA-677; 01-25-2005)
The death of a petitioner in a family-based petition case prior to the beneficiary’s admission to the United States results in the automatic revocation of the petition and loss of the beneficiary’s priority date obtained on the basis of that petition. However, if the consular officer believes that special humanitarian reasons exist which would warrant consideration by DHS of reinstatement of the petition, the consular officer shall prepare a memorandum requesting such consideration and forward it with the petition to the DHS office having regional jurisdiction. (See 9 FAM 42.42 N5.1 and 9 FAM 42.42 PN2.)

 

[rick92]

Thank you, Raevsky. I appreciate your input.-