If I’m from the UK and my son will be born to his American mother in the US in 6 weeks, is there any basis on which I can emigrate to be with them?

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If I’m from the UK and my son will be born to his American mother in the US in 6 weeks, is there any basis on which I can emigrate to be with them?

Asked on December 15, 2015 under Immigration Law, California

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, you cannot immigrate on the basis of your son being born in the US.  You can only immigrate on the basis of a valid family-based petition (through a spouse for instance) or on the basis of a valid offer of employment from a US employer.  Once you have a job offer, you can get the employer to petition for your work visa first and eventually a green card (permanent residence).  If your son is about to be born to its American mother, are you about to get married to this woman once your divorce in the UK is finalized?


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