Does it make a difference if he was married to a U.S citizen for a year and a half, and worked for a year in the U.S before getting divorced.
2007-01-19 00:29:59 · 13 answers · asked by Spring heeled Jim 1 in Politics & Government ➔ Immigration
It depends on his own status from that first marriage and/or employment situation. Just fathering a child does not make one a legal resident. The child is a citizen, the father is a separate issue.
2007-01-19 00:32:36 · answer #1 · answered by Anonymous · 1⤊ 0⤋
If the man is in danger of being deported, or his visa has run out, or he has no legal status the couple can file a form that claims that she and her child will go through undue hardship if he is deported. They would have to show that the child or mother is dependent on some of his income and presence in the U.S..
http://www.uscis.gov/portal/site/uscis
This site can be confusing, but it does list all the immigration laws, exceptions and has all the forms you might need.
I would seriously suggest consulting a lawyer that specializes in immigration issues, usually a consultation costs somewhere around 100 dollars, but often the lawyer will give you the basics (information-wise) for free.
2007-01-19 08:39:29 · answer #2 · answered by meggush 3 · 2⤊ 0⤋
To have a child with a woman you're not married with knowing that you are an alien in the US, thinking that it will legalize your presence will only add one major item to a list of monthly payments. Otherwise you shall go to jail if you don't support your child until he/she is 18 years old.
2007-01-19 09:30:32 · answer #3 · answered by Paul R 1 · 0⤊ 0⤋
No, he can't and 'extreme hardship' isn't being dependant on someone else's wages. The family can go with him if they choose to, when he is deported.
You'd better check out the immigration web page. You are getting a lot of well meaning but incorrect advice.
2007-01-19 09:48:14 · answer #4 · answered by DAR 7 · 0⤊ 0⤋
The child can stay, but he has to go if it's been under 3 years.
2007-01-19 08:35:24 · answer #5 · answered by golden rider 6 · 0⤊ 0⤋
No, you have to be married for 3 years.
2007-01-19 08:32:36 · answer #6 · answered by MsFancy 4 · 1⤊ 0⤋
big time no some people tryed to do that and they got deperted out of the cuntry, also the goverment said they can,t do that, but the baby can live in the u,s, when it can make it,s mind up.as a man or a woman, so that,s a fact,
2007-01-19 08:34:24 · answer #7 · answered by i,m here if you need to talk. 6 · 0⤊ 0⤋
It used to be so but I believe that immegration laws have changed due to people abusing them.
Such questions should be directed at an immigration attorney so one may avoid mistakes that may hurt the people in question.
2007-01-19 08:35:04 · answer #8 · answered by we_are_legion99 5 · 0⤊ 0⤋
Oops...it's the child who can stay in the US of A.
2007-01-20 20:03:02 · answer #9 · answered by buster 2 · 0⤊ 0⤋
Yes. Untill they catch you.
2007-01-19 10:11:50 · answer #10 · answered by Anonymous · 0⤊ 0⤋