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My child's father is a legal immigrant on work visa(H1B) but he is married in his country. What is his responsibilities

Asked about 2 years ago - Elkton, MD

He is in US on H1B work visa and he is married in his country. I had the child with him and once his visa expires can he stay back on the basis of the child or he will be deported. Is he also bound by child support laws and if so how long because he can leave any time and in that case I get no support from him for the child.

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Dori L. Zavala

Reputation Level 8

Answered about 2 years ago. Immigration Attorney in Phoenix, AZ.

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Your child's father can remain in the US as long as he extends his H-1B visa (or finds another status in which to remain in the country legally). Your US citizen child will not allow him to stay in the US for now as the child cannot petition for his father until he or she is 21 years of age. You can apply for child support and it should be enforced as long as he remains in the jurisdiction of the US.

Zavala Law Offices, LLC

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