Glade Park, CO Immigration Law Firms & Lawyers

Yes. You may still petition for your stepson even if his father's AOS and waiver applications were denied, as long as the father's I-130 petition was approved to establish the relationship.

Generally speaking, persons holding H-4 status are not allowed to work. The exception is for those dependents whose spouses have had an I-140 preference petition approved or have applied for an extension past the standard six-year limit on H-1B visas (which can be given where the applicant has had a labor certification application pending for at least 365 days). If your wife is able to find a sponsoring employer for H-1B petitioning, it would have to either be a cap-exempt employer (Institute of higher education, nonprofit organization related to or affiliated with an institute of higher education, nonprofit research organization, or government research organization), or she would have to wait until an employer can sponsor her for H-1B under the H-1B visa lottery in April. If your wife is well known in her field, she may be able to have an employer apply for her under the O-1 extraordinary alien visa. She may have other options, but those would probably not fit your wish of the path of least resistance.  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.    

It may be depending upon how he entered the country. Assuming he entered illegally, there is a waiver he may qualify for. Speak with and retain an immigration attorney.