Legal Question in Immigration Law in Pennsylvania

my daughters father is from greece, he was here on a visiting visa, sopposedily he overstayed his visa, he has never met his daughter, but we are being told he wants to meet her but cannot enter the states because he overstayed his visa, that was 17 years ago, is this true or what circumstances would pervent him from being allowed in the us, because he has a child here does that help him get aa visa to visit, we are afraid, because he hasn't bothered trying to contact her in all this time, that he is trying to use her to get access


Asked on 8/15/09, 7:18 pm

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

Having a child in USA does not help him to get a visa or permanent residency in USA (especially, a child he didn't raise and didn't support financially).

Were you married? Is he listed as her father on her birth certificate?

Depending on your specific circumstances, your daughter may or may not be able to petition for her father (if she wants) after she turns 21. As of today, she cannot help him to get a visa. He cannot apply for residency by himself, unless someone petitions for him first (e.g. a daughter).

Moreover, having a child or another close relative in USA can be viewed as having an immigrant intent (intent to move permanently to USA). If he overstayed in the past, or was deported - he will definitely have problems obtaining a visitor's visa to USA.

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Answered on 8/20/09, 7:45 pm


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