Priority date approaching, many Qs

[dina]

My cousin's priority date is fast approaching and I/ we have a few questions. His mom filed for him (an I-130?) in 1992 when she was a LPR. She filed for him as an unmarried son of an LPR as that was the situation. Since then, the situation has changed.
Last month, his mom became a US citizen. He is also now married- to an illegal as well. When his application comes up, can he just upgrade his application- to son/daughter of US citizen? Should he notifiy immigration asap? Or because he is now married, will his application be dismissed? Since his mom is a USC, and assuming his application process will still continue, can the wife become a benificary and be legalized at the same time as my cousin?
He's been working without authorization. I know this is forgiven in cases of spouses, but what about children, as in his case?
Lastly, he was caught trying to cross illegally. A fingerprint was taken. How is this going to affect them- will he be barred for 10 years? life? or since is was back in 1992...? IF he is denied, is the wife automatically denied, assuming she can file with him?

My cousins do have 2 children together, both USC. Not sure if this makes a difference- both are under 15.
I appreciate all the help I can get. I have been through this process before (Nov 05-Jun 06) with my husband, but obviously our situation was different. I am not sure what to tell my cousin, how to help guide him... also, referals for good, honest lawyers in CA much appreciated.

[aleful]

dina,
he should have waited to get married until his mom was a USC, LPR cannot file for married children. The only thing he can do is take a chance if he wants to but legally the petition filed in 1992 was cancelled when he married. His mom has to upgrade her status, state in a letter that she has become a USC, and that you have married. Attach a copy of your original i130 and marriage license. They will downgrade him to the third category of a married child of a USC. He and his wife have to pay the $1000 fine each when the adjust. But like a said he will take a risk because when he married the peticion was dismissed because LPR cannot file for married children, they have to stay single until the parent becomes a USC or they become a LPR.
also when was he caught at the border, was it before or after his mother filed the petition. Has he ever left the country after his mother filed the petition?

[aleful]

Dina,
I would tell him to speak to an attorney or ask Laurel Scott on her chat. the problem is that he married while his mom was a LPR and he cannot lie about anything. He has to tell the truth. Immigration knows everything.

[dina]

thank you for your advice. I have strongly advised him about lying to immigration and about withholding info (that sooner or later it will catch up with you).
I have suggested he contact Heather Poole in CA- that's where he lives. I have seen her recommended a few times. if not, then Laurell Scott.
The petition was filed in 1992 and he was caught/1 fingerprint taken in 1995.

I hate to be negative, but I don't think he stands much of a chance. I wish it weren't so, but know better.

Best bet is to refile? If the I-130 hasn't been revoked yet, cancel it?