Can my parents obtain me residency? [18yr old son]

Question

My mom recently married to her boyfriend and he is going to ask for her and my little brother's residency, but i just turned 18 and I'm scared that i may not be eligible for that.

Answer 1

If your mother married an American citizen before you turned 18, he'll be able to file a petition for you as his stepson, and it would be an immediate relative petition,, or IR-2 since you are now 18. If they married after you turned 18, he won't be able to file but your mother can in the F2a family preference category. However, those petitions take 5 years to become valid unlike the IR-2 petition which would be valid once it's approved. Even then it would take a year or more to process.  

Answer 2

Do not be scared, it is a lengthy process and you will have to apply for a Legal Perminent Residence Status or LPR, that should be your first step, an LPR will allow you into the country and then you can apply for your United States Citizenship.  You would be considered a derived citizen, once you get your naturalization.  However, the United States is strict as to who we let into the country, if you have a criminal record or are shown to be a danger to anyone in the USA, you will most likely be turned down.

Answer 3

The statute requires that step-parent relationship be formed before child reaches 18. Did you have a parent-child relationship with your mother's husband before you were 18?

Where the natural mother and/or father is an LPR but the step-parent is a United States citizen, the child can avoid the family 2d preference backlog by step-parent's petition.

Your mother's husband might be able to petition for you. Download the form I-130 from www.cis.gov and see if your father and you meet the requirements.

Answer 4

She can try but you might need to do that on your own. And just because she got married to a citizen doesn't mean she is going to get her residency, there are a lot of rules and red tape about that now, it's not that easy.

Answer 5

No you must obtain it since you are an adult.