Can I file for my stepson when my husband is undocumented?

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FairfaxBuddha

New Member
If I file an I-130 for my undocumented husband and it is approved, it is it possible to file a green card application separately from my husband for his son (my stepson)? For my husband, the 10 year ban is in effect and that will not be changed until there is immigration reform, but is it possible for me to petition for my stepson? Thanks.
 
TheRealCanadian said:
Sure. I assume your stepson is unmarried and you married his father prior to age 16?
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Yes; he is 15 right now and we married a year ago (Oct. 2012). I was going to file an I-130 for my husband even though we can't change his status right now (he entered the country without inspection.) I was also going to file a separate I-130 for my stepson so we can bring him here. His mother just kicked him out of the house in El Salvador and we want to bring him to live with us here.
 
FairfaxBuddha said:
If I file an I-130 for my undocumented husband and it is approved, it is it possible to file a green card application separately from my husband for his son (my stepson)?
Click to expand...

Yes, but you will need to provide proof of the paternal relationship between your husband and his son. If he was married to his son's mother when his son was born, that proof is generally nothing more than providing his old marriage certificate and divorce decree and his son's birth certificate. If he wasn't married to her, it becomes a bit more complicated.
 
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