Legal Question in Immigration Law in California

Wife & stepchildren illegally here w/ deportation orders

My wife and I have been married 3 years and have a 3 yr old son. I have 3 stepchildren w/ this marraige. I am a US citizen naturalized in 2000. Would I get in trouble with my status in this marraige? She had a voluntary deportation order that she overstayed since 1998 (kids just illegally overstayed for at least 13 yrs). We were told that we can't do anything until 10 years is over before we file for relief and change her status. Her ex-husband is still around and is a deadbeat and is a wanted man in a foreign country. Is there anything I can do for her and the children? Can I get rid of the ex-husband because he complicates everything. He is illegally here and has fraudently received disability and welfare before. He was married w/ a US citizen but the lady refused his interview because of how he treated her. He is a bad person. Please advise.


Asked on 12/08/04, 12:09 am

2 Answers from Attorneys
Amy Ghosh Law Offices of Amy Ghosh

Re: Wife & stepchildren illegally here w/ deportation orders

I do not agree with other attorney's advice. You need to file I-130 for her...after it is approved...a motion to reopen her case has to be filed!!

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Answered on 12/08/04, 9:17 am
Larry L. Doan Law Office of Larry L. Doan

Re: Wife & stepchildren illegally here w/ deportation orders

You are being worried needlessly about your wife's ex-husband. He does not have anything to do with your status as a naturalized citizen nor can he do anything to your wife's immigration status since he's now an ex-husband. Sounds like your wife has more of a child support problem (family law) or possibly a criminal law problem with this guy if he harasses her.

As for your wife, it is true that you can't do anything for your wife right now since her overstaying a voluntary departure order(NOT voluntary deportation) means she was deported automatically in 1998. Even in 2008, after 10 years, it may not be easy to get a pardon for her since she never left the country. It will be a tough fight and she'll really need a lawyer to represent her then.

Larry Liem Doan, Esq.

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Answered on 12/08/04, 3:36 am


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