Sunday, July 17, 2011

Rights of the petitioning stepmother?

If she signs documents allowing him to take the children to the US, her rights would be very limited. She could at some point file a custody claim in a US court to try to get them back, but unless you and your husband are unfit parents, a judge would not rule in her favor. She could win joint custody, obtaining a legally enforceable agreement requiring the children to be returned to Mexico for a certain period each year. When the eldest child turns 21, he or she can petition the mother for immigration to the US if the child has naturalized as a US citizen. In the meantime, she is unlikely to get approved for a visitor's visa to enter the US.

No comments:

Post a Comment