QUESTION
Can I help the father of my child come back to the USA without marrying him?
Asked on Mar 18th, 2013 on Immigration - New York
More details to this question:
The father of my child was deported before my child was born. My child is 6 years old now. I don't want to marry him. I just want him to be here. He may have a small criminal record.
3 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Without marrying him, there is nothing that you can do to bring him back. Also, depending on the nature of his criminal history, he may be inadmissible to return to the U.S.
Answered on Mar 19th, 2013 at 7:52 PM
No, you cannot. You have to be legally married or have the intention to marry (fiancé) in order for you to be able to petition for him. If he was deported and subject to the conditions of that deportation order then even if you are legally married, he will not be eligible for an immigrant visa or a fiancé visa until he has satisfied the conditions of that deport. Order.
Answered on Mar 19th, 2013 at 2:38 PM
It looks his criminal record was big enough to get him deported. It is unlikely that without marrying him you will be able to help him back in. There is no guarantee that even if you do marry him he will be able to return. More information is needed.
Answered on Mar 19th, 2013 at 12:49 PM