Legal Question in Immigration Law in Massachusetts

my question is long and somewhat complicated. First of all my name is Carlos and I am a SGT in the Army currently serving in Iraq. My issue is that my fiancee was married and had a kid with an Illegal immigrant who want to be part of the kids life and which he is totally entitled to, now I plan to live somewhere else in which case my fiancee is willing to go. My problem is that the father who is not legal cannot travel to see his son and the son is too small to travel on his own and the mother and him had a rough divorce. Now I feel bad for the guy and I personally would not like to loose touch of my child for reasons such as legal status how or what could I do or tell this fellow to do in his case?


Asked on 11/22/10, 9:04 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

Sorry to hear about this situation. Unfortunately, there is nothing you can offer to this guy to enable him to travel internationally if he is living in the USA illegally. Because if he departs the USA, he won't be able to come back. As a father, yes, he has right to shared custody and visitations regardless of his immigration status.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. This forum is intended for free sharing of information. If you want to schedule a legal consultation, I would be happy to help you. You can email me at [email protected] or complete an Info Form with a consultation request at https://lawvisausa.powweb.com/info_form.html . For more information visit http://www.law-visa-usa.com/contact_us.html

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Answered on 11/27/10, 9:22 pm


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