Legal Question in Immigration Law in Kansas

I'm going to try and summarize this. My husband's ex-wife is from Peru they were married in 1996 and divorced in 2003. She has a criminal record for a lot of bounced checks, unpaid bills, and possible fraud. She is technically still married to a man in Peru and she has also provided different birth certificates to various govt agencies. She some how got passports for their 3 sons and took them to Peru for the summer and when they returned Customs held her for hours and they took her Permanent Residency Card away from her. They said something like she had two months to fix it and I heard that either my husband needs to remarry her or he can vowage for her in court. I don't know why they took it or what information they have on her. My question is: Is she going to be deported and what are the reasons they can deport her and what could she do to stop it and would her children with them being us citizens would they be able to keep her in the United States? Thank You. We live in Florida and She lives in Kansas.


Asked on 9/11/09, 2:39 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

Your husband doesn't need to remarry her. As I understand, he is currently married to you.

If she was married to someone in Peru and that marriage didn't end in divorce PRIOR to marriage to your husband, then she obtained a Green Card unlawfully at the first place.

She should consult and hire a qualified immigration attorney who can assist her with her removal/deportation hearings in Kansas (in Immigration Court). There is nothing that you can do for her.

As to your husband's 3 children, he should be aware that if they have passports (even if their mother unlawfully obtained US passports for them without father's permission), she can try to take them with her to Peru when she is deported.

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Answered on 9/16/09, 2:48 pm


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