Legal Question in Immigration Law in California

Hi. There is no process for a joint petitioner. Depending on the circumstances you may need a co-sponsor for the financial sponsorship but there is no joint petitioner. If you want to file a second petition from your wife to your son, that is an option but probably unnecessary. Depending on your son's age, when he entered and when he violated his status, he probably won't be able to adjust status without a waiver. You're going to want to discuss options with a lawyer to determine the best strategy. This probably is not the time to try to do this alone. Experienced legal counsel who is up to date on the ever changing immigration laws and policy is the best choice you can make. Feel free to reach out to us. We handle cases throughout the country.

Do you mean "petitioner" for the greencard itself or co-sponsor for the affidavit of support? If you are referring to the greencard itself, then the biological mother of the child would need to file her own I-130 petition on his behalf, assuming she is a U.S. Legal Permanent Resident or U.S. citizen. If you are referring to the affidavit of support, then she could be a co-sponsor, if required.

If your son is over 21 & has accrued unlawful presence, then he is no longer considered an "immediate relative" & cannot adjust status in the United Sates, unless petitioned by a U.S. citizen spouse.

You really need to speak with an attorney (in-person) about this case. If you're in the L.A. area, feel free to contact me if you'd like a consultation, to review the case in detail. There are just too many unknown factors in your question that need to be addressed.

Thank you.

Hello - please call me at (212) 968-8600. Kind regards, RDM