family immigration dilemma?

Hi Helo.

If your stepson has been petitioned for by a legitimate employer and he qualifies for an H1B visa, section 214(b) of the Immigration and Nationality Act (the part that says that nonimmigrants can be refused visas if they have immigrant intent) does not apply to him. So the visa can be issued even if he means to stay permanently in the US.

If an employer petitions for him as an immigrant, it could be more difficult; he will have to prove that he has the skills and knowledge necessary to fill that position, and that no US citizen could be found to do the work. This category of immigrant visa depends on his qualifications: the backlog for Chinese citizens is anything from six years to none.

As you already know, you can't petition for him since he was over 18 when you acquired your step relationship. If your wife wants to petition for him, that is F2B, which is running a backlog of nine years for Chinese citizens.

Here is the Visa Bulletin, which gives current priority dates for all immigrant categories.

http://travel.state.gov/visa/frvi/bulletin/bulleti...

It is likely he would be denied on the same grounds for a work visa. No matter what way you cut it, he's definitely an overstay risk having such strong ties to the US.

Your wife filing for him is possible, but as she's only a permanent resident, it will take an extremely long time to go through. She can upgrade the petition if and when she becomes a citizen to hurry it along.

If you married his mother before his 18th birthday, it is possible that you could file for him as your stepson, which would be the best solution. He'd fall under the first preference category then (again, provided he is not married).

Unless your wife owes a US company who meets the requirements for sponsoring a work visa, then she can not do this herself.

The US company will have to prove they can not find an American who can do the job they are offering him. It is not just a case of the application fee for the work visa, there are associated costs. Also for the work visa the majority of people come across on the H1B which requires a degree and highly needed job skills.

The way you worded that, it sounds more like the Chinese government is denying him an exit visa rather than the US denying him a student visa.

Do what eve blows your hair back...........