Recent Feedback
Hello, my name isXXXXX am German living in Germany. I am the biological father of a baby that will be born on May 3rd 2012. The biological mother is German and American citizen (2 passports), who lives in Germany as well but sometimes does also live in the USA / Florida at her parents house. We are not married with one another, but she is still married to another man but hopefully will be divorced soon. The baby will be born in the USA / Florida, will become an American citizen and will have an american passport in the first place. My questions are: 1) Does the fact, that I am the biological father of an American child generally influence my possibilities of living in the USA to be able to raise / visit / see my child (visa / green card etc.) in case the biological mother decides to permanently live in the USA ? 2) Do my rights or possibilities to visit or live in the USA to raise / visit / see my child depend on, if I will be married to the biological mother in the future ? 3) What is the procedure / what are my possibilities to permanently live in the USA, if I will NOT marry her and/or if she will NOT be divorced, but I still want to raise / visit / see my child on a regular base ? 4) Will I actively need to establish my custodial rights by filing a petition to determine paternity (form 983a Florida) to improve or generate my possibilities to permanently live in the USA to raise / visit / see my child on a regular base OR do the clarification of my custodial rights have NO impact on my rights to live in the USA, as long as I am NOT married to the biological mother of my child ? Thank you.
Optional Information: State/Country relating to question: Florida
Hello! Thank you for using Just Answer. I'm happy to answer your Immigration questions, and will do my best to do so based on my expertise. Please note that while you are working with me, I also will be working with several other customers, so you may experience delays. Please be patient - your questions WILL be answered in the order they are received.Also, remember that you already have paid for your question, but that Experts do not get credit for their work unless you click ACCEPT. So please keep this in mind as we work together.QUESTION: Does the fact, that I am the biological father of an American child generally influence my possibilities of living in the USA to be able to raise / visit / see my child (visa / Green Card etc.) in case the biological mother decides to permanently live in the USA ?ANSWER: Unfortunately, the only way the child can help you is once the child turns 21 years old. QUESTION: Do my rights or possibilities to visit or live in the USA to raise / visit / see my child depend on, if I will be married to the biological mother in the future?ANSWER: Not automatically. The only way this would help you is if your wife sponsor's you for a Marriage based green card herself. QUESTION: What is the procedure / what are my possibilities to permanently live in the USA, if I will NOT marry her and/or if she will NOT be divorced, but I still want to raise / visit / see my child on a regular base?ANSWER: Your only option would be to get a long-term, employment based visa, or to get a green card in one of the other ways: employment, Diversity Visa lottery, investment. QUESTION: Will I actively need to establish my custodial rights by filing a petition to determine paternity (form 983a Florida) to improve or generate my possibilities to permanently live in the USA to raise / visit / see my child on a regular base OR do the clarification of my custodial rights have NO impact on my rights to live in the USA, as long as I am NOT married to the biological mother of my child?ANSWER: Unfortunately, custodial rights will not, by themselves, grant you any access to immigration benefits. Yes, these rights could help you down the road, should you be in a situation where you are filing a hardship waiver to get over a ban from entering the US for immigration or criminal violations, or for cancellation of removal. But simply being the biological father of the child does not grant you immigration benefits or eligibility for them, I'm afraid.I hope I have answered your questions. Please remember to click the "ACCEPT" button so I get credit for working with you today. Note that you still can ask follow-up questions after you've clicked "ACCEPT". Keep in mind that we Experts are here to provide you with the most honest, accurate, and truthful information that we have available, even if it is not what you want to hear. If you need clarification, please do not leave negative feedback. Instead, please feel free to ask follow-up questions, and I will be happy to answer them for you.Also consider leaving me a BONUS and some positive feedback - both are much appreciated.Finally, if you have any future immigration or TSA related questions, put "TO LONGHORN LAWYER" in the subject line or the beginning of the question, or go directly to my profile to ask your questions: http://www.justanswer.com/law/expert-longhornlawyerThank you!
Experience: Experienced in all aspects of immigration and nationality law.