Laurel, MD asked in Divorce for Maryland

Q: I got married last year, we have a newborn, I have a visa. Will they take away my son because I didn't finish college?

I'm from Mexico and I came here with a visa. I got married last year to an American citizen, I just applied for my green card. I've been here legally since day one.

When we got married we decided to get pregnant and I would be a stay at home mom. We now have a new born son. We want to get a divorce, but I'm afraid they might take away my son because I did not finish college and my husband is a CPA. I cannot work until I get my green card. My parents would be able to help me out, and I could work as soon as I get my green card. There was violence in the house and that's why I want a divorce, because of domestic violence but I never reported it or filed a complaint.

I want to be prepared for whatever is to come. How will my sons custody be determined?

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1 Lawyer Answer
Evan M. Koslow
Evan M. Koslow
  • Annapolis, MD
  • Licensed in Maryland

A: If you have a student visa and you are not a student then it is possible for you to get departed and your son to stay here (your son is a legal American Citizen). You should speak to an attorney who handles immigration law.

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