QUESTION

If she gave birth to his child but they are unmarried, can she sponsor him for immigration purposes?

Asked on Jan 14th, 2011 on Immigration - California
More details to this question:
I know this couple that is married and still in the process of filing for the last part of the GC. However, the husband had a baby outside the marriage and the wife found out. He thinks she will revoke the petition and he will face possible deportation. As a family friend I would like to ask is it possible when she revokes the petition, can the female he had the baby with start a new petition for him to stay in the country? Due to his US born child?
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1 ANSWER

Immigration and Naturalization Attorney serving San Diego, CA
3 Awards
In order for you to petition for him he would need to be divorced from the first spouse and married to you. When the child is 21 the child can act as a petitioner.
Answered on Jan 24th, 2011 at 10:58 AM

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