Legal Question in Immigration Law in Georgia

THe mother of my child is from the domicain republic she is in the United States on a temp visa which expries in a few months she got her visa by marrying a U.s. citizen which is not me however they have been separted(not legally) for about 3 years and he lives in new york and they have no contact with each other. I would like to know if she can take our child back to the domicanin republic without my consent i would also like to know if she will be able to get citizenship because of our son.


Asked on 12/21/10, 9:57 am

1 Answer from Attorneys

Dianne Brooks The Mandel Law Firm

Whether or not she can take your child back to the Dominican Republic is a family court matter. If you are here legally you can ask the family court for physical custody if you can prove paternity and that you can support your child and that it would be the best situation for the child. If your child was born here, he/she is a U.S. citizen, however, he/she will not be able to petition for the child until he/she is 21 years old. If the mother divorces her husband and can still prove that the marriage was entered into legitimately, there is a possibility that she can still change her conditional green card into a permanent one, however, she will need to contact an experienced immigration attorney for assistance with this.

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Answered on 12/27/10, 5:39 am


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