Legal Question in Immigration Law in Ohio

I have a 9 year old son with a man who is not a citizen. I have had a order for support for about 7 years. He has paid nothing. It has gone on so long that it has gone criminal. I have talked to the prosecuting office and I am worried he is going to be deported. I would like to know if this is possible. He is not married and has 3 other children.


Asked on 10/22/10, 7:02 am

2 Answers from Attorneys

Luba Smal Smal Immigration Law Office

Yes, any person who is living in the United States illegaly can be deported unless he has a basis for permanent residency. Having minor US citizen children is not a basis to claim residency for a father.

www.law-visa-USA.com

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Answered on 10/27/10, 7:40 am
Dianne Brooks The Mandel Law Firm

A child support charge may very well make him deportable, even if he is here legally. If he is put into deportation proceedings, having U.S. citizen children helps, but only if he has been here at least 10 years, lives with them and it would cause undue hardship if he left, and this is still not an easily winnable situation.

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Answered on 10/27/10, 10:28 am


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