My daughter and I came to U.S on 2008 through B1 visa. We changed status to L1&L2 but status expired on 2010. Now I'm going to marry with my citizen boyfriend, my daughter is going to be 21 years old on December this year. If I marry him now, he is going to sponse me to get green card, can my daughter get green card also?
If you marry a U.S. citizen , you can adjust status from the L-1 to resident status. However, your 20 year old child will not be able to be the beneficiary of a FORM I -130 filed by the U.S. citizen stepfather.
Laurence Drew BortenImmigration AttorneyNew York, NY ·
Your husband will not be able to sponsor her. However, once you have your green card, you can sponsor her in the F2B category. Unfortunately, since she will be 21 years old by then, she will be subject to a long wait depending on what country you are from, and she will have to wait in your home country unless she can maintain some other legal status.
Your daughter is too old for your boyfriend to fix your daughter's situation directly. Once you get a green card, you can put her in the long queue. Watch the "goings-on" in the legal case in Texas about DACA and DAPA. If it resolves in the government's favor, then - and I'm guessing that your daughter was under 16 in 2008 when she arrived - that she will be eligible for the extended DACA which will allow her to live here safely and have an employment card during the years she has to wait until her date becomes current in the immigration queue.
They answer is no. Since your daughter is over 18 years old at the time you marry your boyfriend, she does not qualify as a stepchild for immigration purposes. He cannot petition for her.
If the stepchild relationship is created prior to the child reaching the age of 18 then the stepparent can petition for that stepchild prior to the stepchild reaching the age of 21.
Once you obtain your legal permanent resident status you may petition for your child but this issue can get complex. You should undertake this process with an attorney.
