Asked in Immigration Law for Indiana

Q: I am married to my wife in Mexico want to bring her here with her son how can I bring them without signature of his dad

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1 Lawyer Answer
Kelli Y. Allen
PREMIUM
Answered

A: It sounds like you have two distinct issues. From an immigration perspective, assuming you are a U.S. citizen or permanent resident you can file an immigrant visa petition for each of them. As long as all visa/admissibility requirements are met, visas can be approved. However, for her son to use his visa, he must have a passport which will require consent of the father. If he does not agree, your wife will probably need to hire a family law attorney in Mexico to deal with that issue. In the meantime, you probably want to begin the immigration process as that in itself will likely take 1 1/2 to 2 years if you are a USC; longer if you are a permanent resident.

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