If your mother never married your stepfather, he is not legally your stepfather and you cannot petition for him. However, even if you could petition for him, if he entered the US unlawfully, he is not eligible to legalize his status within the US under the current immigration laws. Only if someone had petitioned for him under 245i would he be possible eligible. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answered on Jan 10th, 2013 at 4:53 PM