Legal Question in Immigration Law in New Jersey

if i have a child with an american citizen & resident, but i am legally married to another individual who deserted me many years ago, does the goverment issue me permanent stay since we have a child together and want to raise him?

thank you all


Asked on 3/13/14, 1:59 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

No, you are not eligible for an automatic immigration benefit just because you gave birth to a child in the United States.

A U.S. citizen spouse or child over the age of 21 can petition you for a greencard.However, you would need to legally divorce your current husband first, despite the fact that he deserted you, if you plan to marry the father of your child.

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Answered on 3/13/14, 3:41 pm


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