tony23

Hi, I'm a 32 year old American citizen born out of wedlock in the U.S..My dad is a mexican citizen who lives in mexico.He lived with us (Mom ,I)and supported us until I was 24 when he was deported to Mexico because he committed a crime.My dad and his new girlfriend had a lil girl(she's 3) in mexico,but they are not married.I would like to bring my step sister to the states.Although my mom and dad were not married,my dad's name appears on my birth certificate as well as my step sister's.Can someone please tell me what I have to do and what do I need to bring my step sister here.My step sister is the only one(sister/brother) I have.

Thank's

scrubbedexpat099

You file an 1 130. You can download the form, and pay the fee.

You will need to supply documentation substantiating the relationship.

And wait.

tony23

hi boiler,

What kind of documents would be good? my dad hasn't lived with us for about 9 years.

S Folinsky

You will need legal advice on this one. Many cities have low or no cost immigration clinics. If you live in the Los Angeles area, the Los Angeles County Bar Association has an excellent Immigration Legal Assistance Clinic available. ILAP is not "means-tested" to use their services. It will be $20.00 well spent.

Good luck.

p.s. While I was typing, an answer intervened and you asked another question. Last night, Rachel Maddow used a favorite phrase of mine: "deceptively simple question." Well, your question is "deceptively simple." Also, Boiler's response may very well be correct, but it is deceptively simple and quite likely incomplete.

scrubbedexpat099

For $20 it has got to be a good deal.

Just as a matter of interest, and I know I am pushing my luck here to get an answer, but outside of proving the sibling relationship is there anything else of consequence?

tony23

Ok. Thank you.I will see about talking to lawyer about this.

dreamercon

Well your dad must provide proof that he legitimated you before turning 18. Your dad must also prove that he legitimated your stepsister prior to her turning 18. Alternatively, your dad may provide evidence of a parent-child relationship for you and your stepsister- but he will need some pretty strong evidence to get the I-130 approved.

You, the US citizen, will be the one filing the I-130. Since I-130's for siblings take many years to go through, you should prepare your package very carefully before submitting it - you can always file again, but will have wasted years waiting.

S Folinsky

Your answer may or may not be right. However, OP needs answers consistent with the entire set of facts, what he wants to do, and knowledge all of the applicable law. I'm glad he is going to see a lawyer.

scrubbedexpat099

Only some of us can be deceptively simple however.

S Folinsky

Actually, OP has drafted a pretty good law school examination question.

They are usually in the form of: [factual vignette], "P desires to have S join him in the U.S." followed the the "call" of the question -- "Discuss" is often the shortest one that scares students.

scrubbedexpat099

I never did Law, but I hated those in Insurance.

PS I will be very upset if anybody else gets this moniker. I claim it as my own.

A I

If you proceed with the i-130 it will be a LONG time before she can come.

Would parents be willing to give up custody ?

You could adopt your sister, and it would result in she being able to come MUCH sooner, but you would have to be willing to take the responsibility, and be able to convince her parents to give her up willingly. (Or unwillingly, not sure how custody law is in Mexico.... )

You will most likely need more than one lawyer to get this done. (one for the adoption and one for the immigration stuff?)

scrubbedexpat099

You can not side step quite so easily. Adoption in itself gives no immigration rights.

A I

True, but if adopted, and if the child can be classified as Orphan (due to abandonment, since parents are still alive...) the child could qualify as an orphan and obtain immediate relative benefits.

I'm not saying it would be easy...I'm saying good lawyers and the right circumstances could pull it off

scrubbedexpat099

The problem would be parents in the plural.