Can a spouse file for stepchild if wife is undocumented? 2 Answers as of July 18, 2017

I am inquiring about an undocumented woman living in the US. She has been married for almost 2 years to a US citizen. Will her husband be able to petition for his stepson to come to US without the mother getting in trouble?

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Alena Shautsova
Alena Shautsova | Alena Shautsova
A step-parent may file for a stepchild if the marriage occurred prior to the child's 18th birthday... Some other conditions have to be met. It may be possible.
Answer Applies to: New York
Replied: 7/18/2017
Baughman & Wang
Baughman & Wang | Justin X. Wang
If the child was under 18 when the mother married her USC husband, yes.
Answer Applies to: California
Replied: 7/17/2017
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