Age is important when petitioning for a stepparent

If I petition for my father, 70, who lives in the Philippines, can my stepmother come to the United States with him? Or must I file separate petitions for each of them? They have been married for 20 years.

Malyn, N.Y. You can petition for your stepmother if your father married her before you turned 18. That is the cutoff age for U.S. immigration law to recognize a parent/child relationship between a stepchild and stepparent. If your stepmother qualifies as your “mother” under this rule, you file separate petitions for each of them.

The form you file is U.S. Citizenship and Immigration Services form I-130, Petition for Alien Relative. Unfortunately, if the marriage took place after you turned 18, your father would need to immigrate first. Then he could petition for her.

My cousin, who is a permanent resident, was charged with shoplifting an inexpensive item. If he is convicted, could immigration deport him? Will he be able to become a U.S. citizen?

Viviana Even if your cousin is convicted, I doubt immigration will try to deport him. Still, it is best to consult with an immigration law expert. He can become a U.S. citizen despite his arrest. Immigration law considers a theft offense to be a “crime involving moral turpitude.” With some exceptions, immigration can only deport a permanent resident who committed a crime involving moral turpitude if the crime is one for which a judge could impose a penalty of one or more years.

Petty theft crimes rarely carry such harsh penalties. As for citizenship, conviction of a crime involving moral turpitude will not bar naturalization if it occurred in the five years before the applicant qualifies to naturalize. It’s three years under the special rules for the spouse of a U.S. citizen.

Allan Wernick is an attorney and director of the City University of New York’s Citizenship Now! project. Send questions and comments to questions@allanwernick.com.