QUESTION
Can my daughter petition for my ex husband to come back to the US to pay his child support?
Asked on Jan 15th, 2012 on Immigration - New York
More details to this question:
My ex-husband was deported. Can he re-enter again with a petition from his daughter? She is 21. After being deported once, he owes child support.
5 ANSWERS
Leon Wildes
Your daughter can file for her father if she is a US citizen. He will also need to overcome his deportation.
Answered on Jan 24th, 2012 at 7:51 AM
Immigration Law Attorney serving Los Angeles, CA
at
Law Offices of Alan R. Diamante APLC
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She can petition him. However, whether he needs to file for a waiver or will be barred depends on his deportation and criminal history.
Answered on Jan 19th, 2012 at 4:29 PM
She can petition for him if he is her father in terms of having married you prior to her turning 18. However, depending on the conditions of his deportation order, he may not be able to get a visa on the basis of an even approved petition filed by her if he has not yet satisfied the conditions of his deportation order.
Answered on Jan 19th, 2012 at 4:27 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
Yes he would be an immediate relative if he is her father and she can petition him for permanent residency but he will need a waiver because of the deportation and the cost of this process may exceed what he owes for child support. You should talk to a family law attorney and determine if your judgment for child support would be recognized in the overseas country where your husband resides.
Answered on Jan 19th, 2012 at 9:39 AM
Criminal Defense Attorney serving New York, NY
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Law Offices of Nicklaus Misiti, PLLC
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If she is 21 she can petition for him but depending upon when and why he was deported he may have inadmissibility issues. Also, even if she is successful there is no way to force him to come here. Even if he came here you would have to speak to a family/custody attorney regarding child support.
Answered on Jan 19th, 2012 at 8:29 AM