Legal Question in Immigration Law in New York

It is not clear what you mean from your question. How old is your stepson? How old was he when you married his father? Was his petition approved? If so, when and where was he when the petition was approved? If he is in the US, how did he enter. You should contact an attorney to discuss these questions in detail to determine the status of your stepson. He may still be eligible to apply for permanent residence, if he is not already a green card holder.

Please note that content of this reply does not constitute legal advice or create an Attorney/Client relationship in the absence of an agreement for legal services/retainer with my office. This is just a place to start in deciding what to ask your lawyer.

I would need more information regarding your particular case before I could comment on it properly.

However, did she legally adopt him before sponsoring him? If yes, she must have presented adoption papers to the government.

If the answer is no, then it is illegal because she presented a child to the US immigration service as her own which means she lied to them.

Patricia Martin-Gibbons