The situation of the parent was he is undocumented and he was been threatened by his own partner to deport him or file a case against him, so since then the father has no chance to do something till the child was born, only he makes way to a friend to see some pictures while the child grows up. The name of the baby also was not followed by the last name of his dad. The baby was born 3 years before the executive action of the President. The father is also has an ordered to be remove but still in this country. His first case is related to his first marriage to a woman who withdrew the petition then application got denied. What is the chance of the real father to stay here and have a legal rights to see his own son?Problem here is one immigration issues and second for a child rights to know and to be with his real father.
Regardless of the uncertainties in this Q, you state their was (1) a previous case (application) with USCIS and that (2) there is a removal order involved here. So you need to have a complete copy of all of these records to give an attorney the chance to provide an accurate opinion on what options are available -- including DAPA eligibility under President Obama's executive decision. Your friend may wish to prepare and submit a FOIA (G-639 application) to obtain all the records if they are not available. Note: Any application for benefits under President Obama's executive order -- or any type of application with USCIS -- will be reviewed WITH YOUR PREVIOUS IMMIGRATION HISTORY. You or your attorney should have all the facts and the complete file BEFORE filing for any immigration benefits again with DHS.
This question is too complex to be answered on Avvo. Your friend needs to first consult an immigration attorney to get his status in order, and then consult a qualified San Diego family law attorney.
Too complicated of a fact pattern to be addressed at brief, free consultation forum such as this one.
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
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