Advice/help needed - My step father needs to immigrate to the U.S. to support us

[Kalibi]

My step father has been trying to get his green card for more than 10 years. Right now he only has a visitor's visa.The first time, he tried to get it through his dad who lived in Oregon and was a U.S. citizen, but unfortunately after 8 years of waiting, just as they were about to approve it, his father passed away from pancreatic cancer. Then, his sister tried to be a sponsor for him because she is U.S. citizen too, but the immigration officer said no as they did not know how she got her documents. My step father cannot get his papers through me or my sister because we are not 21 yet, and he is getting divorced to my mom. My sister is my half sister (with my step father being her biological father), she is 11 years old.

My step dad wants to get his papers legally, yet there are such big restrictions that it is nearly impossible. He has no crime history, isn't affiliated with terrorists, and nothing of the sort. He owns a house here in the U.S., and most importantly has his family living sad without him. We only get to see him about 2-3 times a year, and he is unable to work here because he does not have his papers. Because he cannot work here, he has to get his source of income elsewhere. Right now he mainly gets his income from Venezuela (he is South African), as he is a very experienced interior and graphic designer who also specializes in making concepts specializing in retail. Due to the horrible situation in Venezuela currently, he loses a lot of money due to the currency change.

It is very unfair. He has missed many birthdays and holidays due to airplane tickets being too scarce/expensive and also because he is restricted from coming here since he tries to work hard to support us. Is there some sort of immigration form we can submit for him to obtain a visa or greencard? We do not have much money, so cost-effective, yet worthwhile and likely to be accepted ways would be most appreciated.

Thank you.

[inadmissible]

I do not understand. Is he here in the United States, or is he abroad? If he is in Venezuela, how long was he unlawfully present in the United States?

Is his wife a US citizen? If not, how is he eligible for an immigrant visa?

[Kalibi]

I do not understand. Is he here in the United States, or is he abroad? If he is in Venezuela, how long was he unlawfully present in the United States?

Is his wife a US citizen? If not, how is he eligible for an immigrant visa?

Thank you for your reply!

He currently works in Venezuela, but manages to come visit us in the U.S. for a couple of weeks at a time. Currently he is staying with us over summer vacation in the U.S.

Venezuela is falling apart economically, so it is hard for him to support us. He would like to be able to immigrate here fully so that he can work and support us, and allow a healthier relationship with me and my sister. He has never stayed here illegally.

My mom (his wife) is a U.S. citizen, though they are getting divorced. Me (his step daughter) and my sister (his daughter and my half sister) are U.S. citizens as well.

[inadmissible]

Getting a green card is usually very straightforward for someone who is married to a US citizen. How long have they been married, and why didn't they make these arrangements sooner?

It seems like a huge request to ask your mom to not divorce your stepdad until after he gets his green card, but that might be his only opportunity unless he waits ten years for his daughter to turn 21.

I assume you will turn 21 sooner than that, but you won't be his daughter (for immigration purposes) if their divorce goes through.

Appeal to your moms concern for you, and your need for your stepdads financial and emotional support.

[Kalibi]

Getting a green card is usually very straightforward for someone who is married to a US citizen. How long have they been married, and why didn't they make these arrangements sooner?

It seems like a huge request to ask your mom to not divorce your stepdad until after he gets his green card, but that might be his only opportunity unless he waits ten years for his daughter to turn 21.

I assume you will turn 21 sooner than that, but you won't be his daughter (for immigration purposes) if their divorce goes through.

Appeal to your moms concern for you, and your need for your stepdads financial and emotional support.

My mom and step dad didn't know that applying through marriage would be faster than him applying through his father, so they decided to wait until that case was done. The problem is that they have already been separated for some time, and so my mom is currently seeing someone else and even had a child with them. So applying through marriage is out of the question.

My step dad is self-employed, and was hoping to somehow start a business here in the U.S. or something of the sort. Are there any possibilities through that?

[inadmissible]

Parents go to great lengths for their children, and make great sacrifices for them. I would still suggest talking to your mom about it, because it is the most straightforward route to getting your stepdad here. Remind her that this is so important to you, that you are willing to get legally emancipated from her and be adopted by your stepdad, so that when you turn 21 you can petition for him.

Investment based visas require a substantial amount of money.

You could try to get him a job in the United States, but work visas are typically only issued when qualified workers are not available to fill the position at the prevailing wage.

If he can work remotely, you should work on marketing his services here.

[inadmissible]

He should be applying for the Diversity Visa every year.

Please don't beat yourself up over this. You are not responsible for the decisions that lead to this situation.

[Kalibi]

Parents go to great lengths for their children, and make great sacrifices for them. I would still suggest talking to your mom about it, because it is the most straightforward route to getting your stepdad here. Remind her that this is so important to you, that you are willing to get legally emancipated from her and be adopted by your stepdad, so that when you turn 21 you can petition for him.

Investment based visas require a substantial amount of money.

You could try to get him a job in the United States, but work visas are typically only issued when qualified workers are not available to fill the position at the prevailing wage.

If he can work remotely, you should work on marketing his services here.

Sorry for the late reply. I understand what you mean, though isn't applying through marriage illegal when the two sides are separated? We have talked about it endless times in the past, but she is very selfish. Her boyfriend comes first in her life and us kids come second. She doesn't even work to try and help my dad earn money to keep the house, all of the stress is on my dad and me. This is very important for me, because I don't want my dad to struggle to make money in other countries and I want to have my family together. Also, allowing him to stay here would relieve a lot of stress on him, as well as me and my sister. He has done so much for us and made endless sacrifices, so I want to give back to him by somehow finding a way for him to stay and work here.

Also, what do you mean by "If he can work remotely, you should work on marketing his services here."? Can you expand on this please?

Thank you for your time!

[Kalibi]

He should be applying for the Diversity Visa every year.

Please don't beat yourself up over this. You are not responsible for the decisions that lead to this situation.

Hi, you still haven't replied to my previous response. My dad already applies for the Diversity Visa but no luck.