Legal Question in Immigration Law in New Jersey

my boyfriend daughter is in canada and we would like to send for her can i do it, I am a U.S citizen? If not who can? Please help

Asked on 12/08/09, 8:40 pm

2 Answers from Attorneys

Luba Smal Smal Immigration Law Office

If you are a USA citizen, but not married to your Canadian boyfriend, there is nothing that you personally can do to bring her to USA.

How old is the daughter?

On what visa/status her father is in USA? If he is in a valid long-term non-immigrant status, he can bring his minor child as a dependent. If he is here as a visitor or overstayed, he can;t bring her.

If you’d like to schedule a confidential telephone or email legal consultation, or need advice or help, please let me know and I’d be glad to help you. Contact email address: Attorney [@] or LubaSmal [@] . I offer legal consultations and assist in matters of U.S. immigration law to clients from all States, as this is the matter of U.S. federal law.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice. This response doesn’t create an attorney-client relationship. If you 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 for more details.

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Answered on 12/13/09, 6:51 pm

Antoinette Wooten The Wooten Legal Consulting, PC

I would need additional information regarding your particular case before I could comment on it properly.

However, I must inform you that it is illegal for anyone to encourage another to come and live in the US illegally.

I can also note that you did not state how old his daughter was which is important.

You also did not state if he has legal custody of her, assuming she is a minor.

Because you have stated that you are his girlfriend the other issue that must be taken into consideration is whether your boyfriend is living in the US legally?

Even though he is from Canada he must have legal residency here to bring his daughter to live here with him.

You cannot file a petition for his child because you and he are not husband and wife.

Patricia Martin-Gibbons

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Answered on 12/18/09, 7:57 am

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