Q&A

Can child contact be stopped?

Can child contact be stopped?

It is important to understand that child contact cannot be legally stopped unless there is a good reason to do so. In other words the reason will need to linked to having a detriment to the child’s welfare.

When to see an immigration attorney about your son or daughter?

See an immigration attorney immediately if your son or daughter is living in the U.S. unlawfully (after an illegal entry or the expiration of a visa or other authorized stay). A waiver may be available for your relative to excuse the unlawful presence. Having an approved I-130 alone, however, will not solve the problem of unlawful presence.

Who qualifies as a ” son or daughter “?

Who Qualifies as a “Son or Daughter?” Sons or daughters for whom a U.S. green card holder can petition using USCIS Form I-130 include those who once met U.S. immigration law’s definition of a “child,” but who have since turned 21—but who remain unmarried. The definition of “child” for purposes of a visa includes:

Is the information on this site legal advice?

The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising.

What happens if I file Form I-130 for my son?

Filing Form I-130 is only step one in a potentially years-long immigration process for a U.S. green card holder’s son or daughter. Upon I-130 approval by USCIS, such a person will be considered a “second preference relative,” in category F2B of the family-based visa preference system.

See an immigration attorney immediately if your son or daughter is living in the U.S. unlawfully (after an illegal entry or the expiration of a visa or other authorized stay). A waiver may be available for your relative to excuse the unlawful presence. Having an approved I-130 alone, however, will not solve the problem of unlawful presence.

Who Qualifies as a “Son or Daughter?” Sons or daughters for whom a U.S. green card holder can petition using USCIS Form I-130 include those who once met U.S. immigration law’s definition of a “child,” but who have since turned 21—but who remain unmarried. The definition of “child” for purposes of a visa includes:

Filing Form I-130 is only step one in a potentially years-long immigration process for a U.S. green card holder’s son or daughter. Upon I-130 approval by USCIS, such a person will be considered a “second preference relative,” in category F2B of the family-based visa preference system.

Can a lawyer settle a case without my consent?

What if my lawyer settles without my consent; can I sue then? Yes you can. However, you would have to prove that your lawyer did so without your authorization because the settlement was far less than what you were truly owed and didn’t effectively represent your case or that the lack of communication was systematic.