Legal Question in Immigration Law in New Jersey
if i have a child with an american citizen & resident, but i am legally married to another individual who deserted me many years ago, does the goverment issue me permanent stay since we have a child together and want to raise him?
thank you all
Asked on 3/13/14, 1:59 pm
1 Answer from Attorneys
Marlene Hemmings
Marlene Hemmings, Attorney at Law
No, you are not eligible for an automatic immigration benefit just because you gave birth to a child in the United States.
A U.S. citizen spouse or child over the age of 21 can petition you for a greencard.However, you would need to legally divorce your current husband first, despite the fact that he deserted you, if you plan to marry the father of your child.
Answered on 3/13/14, 3:41 pm