Adjustment of status - Step-child?

[Illumia 0]

Hello,

 

My husband (MEX citizen) has his visa appointment for next month and we were hoping to bring his 7 year old son back to the US with us for a family vacation because he has time off from school next month. We mentioned this to a family friend who is studying immigration law and he pointed out we can bring his son over here on a tourist visa and we can just not send him back and immediately adjust his status within the US. Is this okay to do? Are there any repercussions in doing so?

 

My husband's mother has full custody for my step-son. My step-son's biological mother isn't in the picture at all anymore. My mother-in-law will sign over custody of my step-son to my husband. 

 

& one more question: My husband illegally entered US back in 2011. If my husband and I bring his son over here (with a return ticket, obviously) for a couple weeks while he's on vacation from school, what are the chances of his son being denied entry by the officer at the airport we fly in to? We'll have Disneyland tickets and a hotel in California booked as proof of a vacation.

[JFH 12,190]

I suggest the family friend stop studying immigration law right now because what he has told you is illegal. It is fraudulent to enter the USA on a non-immigrant visa with the intention of staying (or with the intention of keeping the person here in the case of a child). You will need to file a petition for the child. It will take around a year. 

[Illumia 0]

5 minutes ago, JFH said:

I suggest the family friend stop studying immigration law right now because what he has told you is illegal. It is fraudulent to enter the USA on a non-immigrant visa with the intention of staying (or with the intention of keeping the person here in the case of a child). You will need to file a petition for the child. It will take around a year. 

Yeah, thought his advice sounded sketchy. I would rather wait another year than have any issues. 

 

For the legitimate vacation though, will his son be denied at the POE? I'm worried we'll have this vacation planned out and paid for and the officer at the airport will deny entry.  Is it best to hold off on any family vacation plans that involve visas until his son's case is complete as well?