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Posted

Even with a tourist visa it is still unclear how she will gain status.

If she attempts to visit and adjust she won't be able to through her mother because of her TPS status. Does she have other family here?

I say continue taking care of your step son and keep documents for everything. Schooling, doctor visits, trips, clothing. Everything to show that your stepson is well taken care of.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Filed: Country: Vietnam (no flag)
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Posted

Family court does not care about legal status. She could be living here illegally, and the court will not care when adjudicating custody and child support.

Keep the immigration and child custody issues separate because that's how family court will deal with it.

There are several barriers to her getting custody. First, she has to get here. Second, it's highly unlikely that she will have the money to hire a lawyer to pursue custody. Third, she would have to go to family court where you live. She can't file in the family court where she lives. Fourth, she has never had custody so she is unlikely to get it now.

 
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