Legal Question in Immigration Law in Wyoming

Does having a son (age 3) in the US play any roll in allowing a non US citizen citizenship? My son's father is from out of the country. He was here for awhile on a work visa and then had to go back home. He has applied to come here multiple times, was allowed one visit (only the second time he's seen his son), and now has been told that he cannot reapply... and that was just to visit. He has nothing negative on his record and he has tried everything. I have not gotten involved, but now am choosing to because he needs to be here. Being a single parent at this time, spending thousands of dollars on attorneys and everything else is not an option. Are there not any rights a father is given for having a child in the US? Is there any way to pursue this?


Asked on 3/10/16, 3:01 pm

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

There are no immigration " rights" for a foreign parent. If you had a lawful entry, the child can petition you for a greencard once the child turns 21. There are always custody rights, however, that is based on State Family Law.

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Answered on 3/11/16, 9:20 am


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