Legal Question in Immigration Law in Georgia

I am a US citizen and my fiance is a citizen of Mexico, where we currently reside. However, I need to move back to the US to take care of elderly relatives. My fiance is divorced but has two kids. There is no specific custody agreement mandated by the courts (though the father is required to pay child support), but the kids do spend 70% of their time with her. While she may be able to get US citizenship, I am concerned about what might be required to have the kids legally go with us, particularly if their father does not agree.

What steps are recommended and/or required in such a case? Thank you for any advice you might provide.


Asked on 1/13/10, 6:04 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

If your question is about getting kids to the USA and changing child custody arrangement, then it's not a question of the US federal immigration law. First of all, you need to talk to a lawyer in Mexico about getting a custody changed or getting permission for the father to take the kids abroad permanently, so the kids mother can legally take them with her to USA when she and the kids apply for permanent residency (green cards).

The US embassy will require an evidence that a mother is authorized to take the kids to USA.

If you�d like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 1/18/10, 8:30 pm


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