If she gave birth to his child but they are unmarried, can she sponsor him for immigration purposes? 3 Answers as of January 24, 2011

I know this couple that is married and still in the process of filing for the last part of the GC. However, the husband had a baby outside the marriage and the wife found out. He thinks she will revoke the petition and he will face possible deportation. As a family friend I would like to ask is it possible when she revokes the petition, can the female he had the baby with start a new petition for him to stay in the country? Due to his US born child?

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
In order for you to petition for him he would need to be divorced from the first spouse and married to you. When the child is 21 the child can act as a petitioner.
Answer Applies to: California
Replied: 1/24/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
Only if they get married and she is a US Citizen would she be able to sponsor him.
Answer Applies to: Florida
Replied: 1/15/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
What do you mean by "last part of green card"? He may start over but it is not easy to get approval. Hire an attorney! Good luck!
Answer Applies to: Florida
Replied: 1/14/2011
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