I am going to marry my boyfriend to help him with his papers. However, he has a 13 year old son, who lives with the mother, who has full custody. While we are in the process of applying for his green card, can his son also be included in the process? What would be the process?
I will assume that your boyfriend and his son are both in the U. S. and that you are a U. S. citizen. The first question is how your boyfriend and his son came to the U. S. If they entered without inspection, they are not eligible for adjustment of status in the country. You could petition for them, but in order for them to receive their green cards, they would have to leave the country and interview at an American consulate if they sneaked in. Your boyfriend would incur a 10 year bar in that circumstance. The Obama administration instituted the I-601A program under which the 10 year bar could be dealt with in advance before the individual leaves the U. S., and you may wish to collect more information concerning that program. Insofar as his child is concerned, he would have to obtain permission from the mother of his son in order for the son to gain immigration benefits through you. That is of course because she has full custody over him.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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