Legal Question in Immigration Law in New York

passport for a child of illegal immigrant
i have a friend who does not have legal status her. her child was born her and the father is american. she wants to obtain a passport for the child but cannot get the father's approval. she wants to go back to her country but the father is a junkie and does not want the child to get the passport so that they can leave. how can she get a passport without the father's approval? btw, they are not married.

Asked on 4/27/09, 3:15 pm

Antoinette Wooten The Wooten Legal Consulting, PC

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Re: passport for a child of illegal immigrant

Because the child was born here, the child is a US citizen.

In order for the child to get a passport both parents would have to go to the post office and sign the application for the child.

You might have to get Social Services involve in this if the father is a junkie.

Social service will be able to corroborate your daughter�s story and provide help for her to get the passport.

Have you considered terminating the father's rights?

Patricia Martin-Gibbons

Answered on 4/29/09, 10:25 am

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