What are my rights if I am currently 18 going to turn 19 and my stepfather is a US citizen and is petitioning for me?

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What are my rights if I am currently 18 going to turn 19 and my stepfather is a US citizen and is petitioning for me?

If I were to get married to my boyfriend of 5 years would it affect my case in anyway? Also, I was told by the immigration official that I would only have to go out of the country to Mexico for 3 days and receive my via there.

Asked on June 18, 2013 under Immigration Law, California

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

As long as your stepfather became your stepfather before you turned 18 and you entered the US lawfully, the processing times for him to file on your behalf or for you to get married and for your spouse to file on your behalf will be the same amount of time.  You would not have to go outside the US to adjust your status if you entered the US lawfully.  If you entered the US unlawfully, you would not be eligible to adjust your status within the US regardless of whether your stepfather or your spouse filed for you if you are now over the age of 18.  If you go outside the US to get the visa, you will be subject to a 10 year bar to reentry, unless you can prove extreme hardship to a US citizen spouse.


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