Legal Question in Immigration Law in Georgia

What constitutes "physical custody" under Section 322(a)(4) of the Immigration and Nationality Act? Can a US parent be living in the US and still have physical custody of the child that resides outside the US?


Asked on 9/14/10, 8:21 am

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

If a parent lives in the USA and his/her child lives abroad, this child is not in a physical custody of his/her US-based parent.

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Answered on 9/19/10, 9:10 am


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