Stepson

[frisco]

I have a stepson, who does not live with his dad and I. He enter the USA illegaly when he was 4yrs., he is just turned 18. I married his father before he turned 18.

1. Can I file for him as my stepson, even if he does not live with us?
2. What forms do I need?
3. Does he need to leave the USA, to get approve?

Please advise

[PraetorianXI]

He can not adjust his status in the USA.

He needs to leave the USA before 6 months have passed since his 18th birthday.

You can sponsor him.

Form I-130 to begin with.

[frisco]

Stepson

What happends if he does not leave the USA 6 months after his 18th b-day. For how long does he leave the USA? Will he get penalize for entering the US illegally, he was only 4yrs old. Under what category is his waiting period?

[PraetorianXI]

If he stays for more than 6 months he will be barred from returning for 3 years. More than 1 year, then barred from 10 years.

He needs to leave until an immigrant visa is available for him. You need to consult a qualified immigration attorney on how to deal with this.

Children pay for the sin of their parents. You guys should have taken care of this earlier when it would not have been nearly as complicated as it is now.