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

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Answered on 7/02/04, 12:52 pm


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