3 Major Issues Concerning Immigration And Family Law

Posted on: 7 December 2017


If you are thinking about having a child, or have already had a child, with someone that has immigrated to the United States from another country, you need to be aware of some of the major issues this could cause. To best protect yourself and your child, it is best to acquaint yourself with some of the family laws when there is an immigrant involved.

Here are three major issues concerning immigration and family law:

Paternity Issues

If you have a baby with an immigrant, you should be aware that to be listed on the birth certificate, the father will need to have an acceptable form of identification, and possibly even a social security number. If the father of the baby is a permanent resident or a citizen, this will not be a problem.

However, if the immigrant is undocumented, it is likely he will not be able to attain a social security number and will probably have to be left off of the birth certificate. It should be noted that laws concerning birth certificates can vary from state to state.

Child Support Issues

If the immigrant you had a child with ends up not supporting the child financially, this could deter the father from ever becoming a U.S. citizen. Even if the immigrant is a permanent resident, failing to pay child support can also have negative consequences when it comes to traveling back and forth from their home country.

They might not even be able to renew their permanent resident card, which can cause them to lose their job or hamper their ability to gain employment. If you do have a child with an immigrant and you don't stay with that person, it is in their best interest to pay child support.

Travel Issues

For children under the age of 16, getting a passport for your child can be difficult. In most cases, both parents need to sign the paperwork for the document to get processed. If you are separated from the father's child, you should have something in a written form that states the father is not allowed to take the child outside of the United States. Once the child goes across the border, it can be difficult to have the child returned to the U.S.

If you are going to have a child with an immigrant, you need to be aware that things can get complicated, especially if you end up discontinuing the relationship with the father, and the father wants joint custody. If you run into any problems, contact a law office like Carmen DiAmore-Siah Attorney At Law