Legal Question in Immigration Law in Ohio
immigration question
How can I file for my step children to come here from Africa? My husband is not here legally so he can't file for them. Their mother is not involved, but do i stll have to have her consent? Do I have to adopt them?
2 Answers from Attorneys
Re: immigration question
First of all, why your husband cannot adjust status (obtain a green card)? If he is from Africa, how did he come to USA? Or was he ordered deported from the USA in the past? You may want to discuss your husband's situation with a qualified immigration attorney.
Second, no, you don't have to adopt his children to petition for them. How old are your husband's children? How old they were at the time of your marriage to their father? Yes, they will need their mother's permission to emigrate to another country. What do you mean "their mother is not involved"?
Re: immigration question
According to U.S. immigration law, a stepmother may file an immigration petition (form I-130) for her stepchild if the child is unmarried and under 21, and if the marriage that created the step-relationship took place before the child turned 18 years old. What makes your case problematic is that your husband, their father, is not here legally. I suggest you consult with an attorney in this process.
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