Legal Question in Immigration Law in California
Foreign wife
My wife went to a battered womens shelter to prevent domestic violence she had a baby, she has only been in the us 10 months, i never hit her,yet was verbally abusive due to her not wanting to talk things out when angry at me, she does not want to reconcile can she be deported? She has no green card ca i.D ,soc sec#
and what about the baby?
4 Answers from Attorneys
Re: Foreign wife
Why does not she have a green card? Did you petition her for permanent residency as a USA citizen husband? How did she come to USA 10 months ago?
She may have some other legal options to remain in USA legally (independent from you) if she is staying in the domestic violence shelter because of abuse in the family.
Re: Foreign wife
Dear Inquirer:
Your wife can be deported, since she has no status. The USICE cannot deport a US Citizen child.
I recommend that you email [email protected] or visit www.hanlonlawgroup.com if you would like to discuss this matter further in a confidential consultation.
Re: Foreign wife
Good Morning:
I am sorry to hear that you are going through a tough time with your wife.
Unfortunately, there is always a risk of deportation to someone who is in the US illegally or who overstays their visa.
If a US Citizen or Legal Permanent Resident files a petition for their spouse who is illegal, it can protect them from being deported.
Usually, a deportation order is issued for illegal criminals or those who are threats to society. However, there are instances where ICE can arrest an illegal person even if they are not a criminal. Raids at workplaces, among other instances, can discover illegals, for example.
If the baby is born here, he/she is a US citizen. However, if the baby is with your wife, she may choose to take the baby with her to whatever country, without your consent. You may try to fight her for custody in court, but this may be difficult if she has filed a report or charges against you for domestic violence.
Should you need further assistance, kindly email me at [email protected], or refer to our contact information on our website at www.loretomedinalaw.com. We offer a FREE initial consultation and payment plans.
Note: The above response is provided for information purposes only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.
Re: Foreign wife
yes but she can try to stay by alleging abuse, as for your child you can ask for custody
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