Legal Question in Immigration Law in California

I'm 50 years old and in 1991 entered the U.S. legally with two minor sons both born in the Phillipines as well, but remained with my sons in the U.S. illegally after the 12 month visiting visa expired. I have been gainfully employed at all times. My older 24 year old son has congenital deafness and cerebral palsy and must depend and lives with me as well as his younger adult brother. We currently live in a house previously purchased by my uncle as a single man many years ago. However, in December, 2011, he unfortunately died metastatic liver cancer in December, 2011 at the age of 63.

I'm very nervous because he married a much younger woman when still healthy and visiting family in the Phillipines and brought her over to California in 2007; they both lived as a legally married couple in the house I and my sons currently live in until he died. Because my uncle died while still married, his surviving wife states she owns the house as community property and that if I and my sons don't move out, she'll report us to Immigration, as illegal residents having over-stayed our visiting visa back in 1991. If she contacts the Dept. of Immigration and tells the whole story, will we be approached for deportation by the Government? I was told the Family Law and Immigration Law are two completely two unrelated jurisdictions. I want to see an immigration attorney soon, but wanted to get an initial opinion about my situation from an on-line attorney. I'd appreciate any input and additional follow-up information.


Asked on 8/16/12, 9:53 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

Sorry to hear about your situation. I don't practice landlord/tenant law, so I can't state with certainty that your sister in law can kick you out, just because she inherited the house, if you have been living there for years.

However, if she "reports" you to the Department of Homeland Security, chances are they will not investigate, or it will take a while. People like you & yours sons are not a threat & a low priority for DHS.

If you are apprehended by DHS, you may not have any eligibility to remain in the U.S. (the facts are too few to make that determination). Since you have been out of status for so long, you are subject to Removal, barring any factors that you could use as a defense/grounds for adjustment of status or other potential immigration benefit.

Your younger son might be eligible for Deferred Action, so you should follow up on that.

I would recommend that you get out of that hostile environment, since it is obvious that your sister in law does not want you there.

Good luck to you & your sons. Please feel free to contact my office if you need any further assistance. Thank you.

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Answered on 8/17/12, 8:47 am


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