Can I apply for my daughter for green card while I have no parental rights

UPDATED: Oct 1, 2022

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Can I apply for my daughter for green card while I have no parental rights


Im a green card holder and I Want to
apply to sponsor my daughter to receive
a green card through family sponsorship.
My daughter is 5 years old and lives
with my ex wife in Poland, I have no
parental rights over my daughter. My ex
wife agreed for me to apply for our
daughter to get a green card. Do I have
to file documents to court to get back
my parental rights to be able to apply
for my daughter or can I apply still for
her green card without having a parental

Asked on September 10, 2018 under Immigration Law, New York


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Please clarify what you mean by parental rights.  Are you not considered a parent because you gave up those rights or do you simply not have custody of your c hild because she lives with her mother.  Were you and her mother married at the time she was born?  

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