Q&A: Can my wife petition green card for my son even though the USCIS denied my case?
Q: I live in the US and I married a US citizen two years ago. She filed the green card application for me and we went to the interview. The USCIS denied the case and we are appealing it in court. My son is in the US and he is 15 years old. He doesn’t have a status. Can she petition green card for him regardless of the status of my case? She is the stepmother of my son.
A: That will depend on why the USCIS denied your wife’s petition. If the USCIS believed that your marriage is not bona fide, then her petition for your son will be denied, too. If her I-130 for you has been approved but your adjustment of status is denied due to your personal issues, such as illegal entry, crimes, etc, then she can petition for your son.
Please note that you son must enter the US legally in order to adjust his status unless he is 245i protected.