Concan, TX Immigration Law Firms & Lawyers

If you are filing a petition for the step child, then arguably you are already married to the step child's mother, and if that is the case you can file a green card for both of them simultaneously. Any attempt by the mother to get a tourist visa while you are applying for a green card for your step child would be looked upon as immigration fraud, because obviously the mother would most likely want to remain with her child once she arrives in the United States. You should discuss all the facts of your case with counsel in a private phone consultation

Sadly,  it appears from your description that by re-entering without inspection a second time after he was removed the first time, your husband triggered a separate bar to being issued an immigrant visa Under INA § 212(a)(9)(C), he is ineligible to be granted an immigrant visa for 10 years. INA § 212(a)(9)(C) - Aliens unlawfully present after previous immigration violations (i) In general Any alien who-- (I) has been unlawfully present in the United States for an aggregate period of more than 1 year, or (II) has been ordered removed under section 1225(b)(1) of this title, section 1229a of this title, or any other provision of law, and who enters or attempts to reenter the United States without being admitted is inadmissible. (ii) Exception Clause (i) shall not apply to an alien seeking admission more than 10 years after the date of the alien's last departure from the United States if, prior to the alien's reembarkation at a place outside the United States or attempt to be readmitted from a foreign contiguous territory, the Secretary of Homeland Security has consented to the alien's reapplying for admission.So, based on this, he must remain outside the United States 10 years from the date he last departed, which appears to be 2017.