You can petition for your wife and her child at any time if you are a U.S. Citizen or permanent resident. However, they will only be eligible to apply for resident status from within the U.S. if they entered the country lawfully. More information is needed to give a detailed answer. You should consult with an experienced immigration attorney for a complete assessment of the matter.
Answered on Oct 24th, 2011 at 11:06 PM