Trinity, FL Immigration Law Firms & Lawyers

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.

I am a little confused on everyone's status. If your husband was born in the U.S., the children are his natural children, and he has spent the requisite time in the U.S. (This varies depending on his birth date) he can file for a Report of Foreign Birth Abroad for them to obtain U.S. passports and be recognized as U.S. citizens. If I am reading your facts correctly you are in the U.S. and the children are overseas. You are only a permanent resident though and not a citizen. If you were married less than 2 years when you obtained your permanent residency you presumably got a 2 year green card and will need to self-petition to remove the conditions. Who are you referring to when you say how long can he physically stay in the U.S.? I would be happy to assist you and the children and your ex-husband through these various procedures. You may schedule a consultation to discuss your case by contacting me as indicated below. We do charge for consultations but any consultation fees would then be a credit toward the fees for your case if we are retained for further work after the consultation.

For immigration purposes, you are allowed to use the last name of your husband and there is no need for you to have a legal name change in a civil court for that to happen. In addition, assuming that you are approved for your residence and apply for US citizenship at the appropriate time, you are allowed a free legal name change upon request at the time of your naturalization.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.