Legal Question in Immigration Law in North Carolina
Legal Child, Non Legal Father
I have a son with an illegal immigrant. Can he be sent back to him homeland now that he has a child that is a US citizen? Do we have to get married in order for him to stay?
Asked on 7/01/04, 1:35 pm
1 Answer from Attorneys
Jeff Rosner
Rosner Law Firm P.A.
Re: Legal Child, Non Legal Father
If he entered the country without inspection (EWI), then marrying him will not help him get
Permanent Residency unless a new amnesty law is passed. For instance, a few years ago, under
Section 245(i) of the Immigration and Nationality Act (INA) he may have had an opportunity to
legalize. That expired and has not been renewed as of yet, although there is always the possibility
that will happen.
A US citizen child cannot even petition for his parent(s) until he/she turns 21.
- Jeff
Answered on 7/02/04, 12:52 pm
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