Legal Question in Immigration Law in California
Deportation defence
i have just been taken into custody and i am due to be deported in two weeks time however i fear that my wife and child may be deported along with me. i have two children one of whom was born here in the states.
Is there any chance that my wife and two kids can stay and live in the united states?.
please respond quickly the INS have threatened to take into custody my wife and kids soon.
2 Answers from Attorneys
Re: Deportation defence
You didn't specify all the info. I assume your wife and one child are also aliens here illegally or in undocumented status. If so, they can't stay here, unless your wife has an approved immigrant petition from a U.S. citizen parent parent or sibling and the visa number is current. The child born in the U.S. is a U.S. citizen and does not have to be deported but since he's just a child, who will take care of him? 99.9% of the time a child like that goes with the parents being deported.
Larry Liem Doan, Esq.
Re: Deportation defence
First of all..if your child is us citizen he/she can not be deported. Same way if your wife has legal paper...and did not commit any crime...she cannot be deportted just only because she is your spouse. As to your case...need to know more detals. If you are here for more than 10 years and have us citizen child you are eligible for cancellation of removal. If you have committed certain crimes at a certain timeframe...you may be eligible for some waivers as well.
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