If I’m currently a permanent resident and file for 1-130 for my 2 year old Illegitimate son, is any possible way I can expedite his case?

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If I’m currently a permanent resident and file for 1-130 for my 2 year old Illegitimate son, is any possible way I can expedite his case?

I haven’t celebrate any holidays and birthdays with him, and his dad is threatening me that he will get our son. They deprived my rights as his mother before and also they were depriving my son’s good future here in the US.

Asked on September 14, 2014 under Immigration Law, California

Answers:

Madan Ahluwalia / Ahluwalia Law P. C.

Answered 7 years ago | Contributor

Your right to spend time with the child (custody, visitation etc) has nothing to do with his or her immigration status or legitimacy of the relationship. Processing of I 130 can not be expedited based on circumstances you describe. You need to contact a good Family Law Attorney to understand and exercise your parental rights.

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

There is really no way to expedite the process but it will take about 1.5-2 years from start to finish.  I'm not sure what you mean by deprived your parental rights or that he is illegitimate.  Are you his biological mother?  Do you have custody of the child?  Are you entitled to petition for him if you have no custody?


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